How Much Does It Cost to Serve a Notice to Owner in Florida?

Discover the exact costs associated with serving a notice to owner in Florida. Get expert insights and tips on this process.

ARIELA WAGNER

by

Ariela Wagner

|

WORKER SMILING

Attorney Reviewed

Last updated:

Oct

30

,

2024

Published:

Oct 30, 2024

3 mins

Read

If you're a subcontractor or material supplier on a construction project in Florida, sending a Notice to Owner (NTO) is critical for protecting your lien or bond claim rights in the event of nonpayment. But how much does it cost to serve a Notice to Owner in Florida?

In this blog, we’ll break down the essential details you need to know, including who needs to send it, how to send it, and the associated costs.

What Is a Notice to Owner?

A Notice to Owner is a statutory document required in the construction industry. It's sent to secure your lien and bond claim rights in case the party who hired you fails to pay for your services or materials. Despite the name, the notice isn’t just sent to the property owner, it goes to several other key players in the construction project.

Who Can Send a Notice to Owner?

The Florida Statutes Section 713.06 (2)(a) requires that all lienors, excluding laborers, must serve a notice on the owner before perfecting a lien under this chapter and recording a claim of lien. Sub-subcontractors and materialmen supplying materials to subcontractors must also serve a copy of the notice on the contractor. Additionally, materialmen supplying materials to sub-subcontractors are required to serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien and recording a claim of lien

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How Much Does It Cost to Serve a Notice to Owner?

There are two main ways to serve a Notice to Owner, and the costs vary depending on the method you choose:

a. If You Send It Yourself

Doing it yourself can cost between $5 and $50 in postage fees, depending on how many recipients need to receive the notice by certified mail. However, this approach carries risks, such as using the wrong form or filling out incorrect information, which can jeopardize your lien rights.

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b. If You Use a Construction Documentation Service

Using a service like SunRay ensures accuracy and compliance with Florida's statutory requirements. For around $35 plus postage, you can have peace of mind knowing that your NTO is properly prepared and sent, saving you the hassle of managing the paperwork yourself.

Notices to Owner must be sent via certified mail to all required recipients. Failing to do so can invalidate your lien rights. SunRay simplifies this process by sending the NTO on your behalf. We ensure it’s sent on or before the 40th day from when you first provide labor or materials, using a US Postal Manifest to confirm timely mailing. This way, even if the notice isn’t received by the owner, it’s still considered delivered.

What Information Should Be Included in a Notice to Owner?

Graphic - What Information Should Be Included in a Notice to Owner? - Mention Below Points

Your Notice to Owner form should include the following:

  • Property owner’s name and address
  • General contractor’s name and address
  • A description of the work or materials provided
  • A description of the property
  • Hiring party’s name and address
  • Recipients from the Notice of Commencement
  • Statutory warning language, along with the lienor’s name, signature, and date

When Do You Need to Send a Notice to Owner?

  1. Private Projects: If you don’t have a direct contract with the property owner, you’re required to send a Notice to Owner. This applies if you’re working under a general contractor or subcontractor.
  1. Public Projects: The rules are similar, but with public projects, the chain of authority is a bit different. If you’re hired by a general contractor on a public project, you're not required to send an NTO. However, subcontractors hired by other subcontractors must send the notice.

What Are the Deadlines to Send a Notice to Owner?

The deadline to send a Notice to Owner in Florida is 45 days from the first day you provide labor or materials. Remember, the notice must arrive by the 45th day. To avoid issues, it’s best to send the notice as soon as you begin work or deliver materials or by the 40th day at max.

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Common Mistakes to Avoid when Serving NTO in Florida

  • Sending the NTO to the wrong parties: Not all NTOs go to the property owner. Use the Notice of Commencement to identify the correct recipients.
  • Incorrect information: Mistakes in names, addresses, or project details can invalidate your NTO.
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When you need help getting paid, contact SunRay to ensure every step is handled promptly. Call 800-403-7660 today. At SunRay, we simplify sending Notices to Owner and managing lien tasks—our platform calculates deadlines, sends reminders, and tracks notices from start to finish.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 18 years of construction industry experience. Read More>

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