Who is Required to Send a Notice to Owner in Florida?

A Notice to Owner secures your lien and your bond claim rights in the event of non-payment. While the Notice to Owner and Notice to Contractor are a combined form, the Notice to Contractor is for projects that are bonded, while the Notice to Owner is for private projects that are subject to lien. It is important to use the correct statutory language - such as that provided by the SunRay system - in every form for the state of Florida.

In this article, we will find out who is required to send a notice to owner in both Private and Public projects. Read on to know more!

Who is Required to Send a Notice to Owner on private projects?

• If you are a general contractor and you are hired directly by the owner of the property, you are not required to send a Notice to Owner in the state of Florida.  
• If you are not contracted directly with the owner of a property, you must send a Notice to Owner to secure your lien rights.
• If you are working directly for the general contractor  and not contracted directly with the owner of the property, you must send a Notice to Owner, even if everyone knows your name or you have a huge truck or other equipment on the property.

Who is Required to send a Notice to Owner on public projects?

The chain of command for public projects is a little bit different.  

• If you are a subcontractor on a public project who is hired directly by the general contractor, you are not required  to send a Notice to Owner.  
• If you are working on a public project and are hired by a subcontractor to the general contractor, you are required to send a Notice to Owner.
• Think of it as working with the owner of the property. The owner knows who you are on a public project that is bonded. The general contractor hired you directly, so if you are looking to get paid, and the general contractor holds the bond, then you go after that bond.
• Let’s say that your city hires a general contractor who hires a subcontractor, who then hires you. In this situation, you would be required to send a Notice to Owner.

Notice to Owner mistakes to Avoid

There are three Notice to Owner mistakes that you need to be aware of in order to keep your property lien rights.  

These include:

1. Misunderstanding your specific Notice to Owner deadlines

2. Misidentifying the job address location  

3. Not knowing where you are in the job payment chain. It is important to file a Florida NTO for every job on time, with the correct information, and sent to the right people.

Best Notice to Owner Business Practice

The best business practice is to send your Notice to Owner as soon as you sign your contract. This way, you will know that you are within your 40 days and you do not have to worry about whether the owner receives it by the 45th day.

Sunray Construction Solutions offers professional "Notice to Owner Florida" services to help you secure your mechanics lien florida rights in the construction industry. Looking for a free Notice to Owner form in Florida? Get your free, editable "Florida Notice to Owner Template" today for easy and accurate preparation.

FAQs

1. Who must send a Notice to Owner in Florida?

Anyone who is not directly contracted with the property owner, such as subcontractors, suppliers, and sub-subcontractors must send a Notice to Owner to preserve their lien rights.

2. Do general contractors need to send a Notice to Owner?

No. If a general contractor is hired directly by the property owner, they are not required to send a Notice to Owner Florida.

3. What happens if I don’t send a Notice to Owner?

Failure to send a Notice to Owner within the required timeframe may result in losing your right to file a lien or bond claim in case of non-payment.

4. What is the deadline to send a Notice to Owner?

You must send the Notice to Owner within 40 days of first furnishing labor or materials to the project. It must be received by the owner no later than the 45th day.

5. Is the Notice to Owner required for public projects?

Yes, but only if you are not directly contracted with the general contractor. If you are hired by a subcontractor, you must send a Notice to Owner to protect your bond claim rights.

6. What’s the difference between a Notice to Owner and a Notice to Contractor?

The Notice to Owner applies to private projects and protects lien rights. The Notice to Contractor is used on bonded public projects to preserve bond claim rights. In Florida, they are often combined into one form.

7. Do suppliers need to send a Notice to Owner?

Yes. Material suppliers who are not contracted directly with the property owner must send a Notice to Owner to secure their lien rights.

8. Can I send the Notice to Owner before starting work?

Absolutely. Best practice is to send it as soon as you sign the contract to ensure compliance with the deadline and avoid any issues.

9. What are common mistakes to avoid when sending a Notice to Owner?

• Missing the deadline

• Incorrect job address

• Misunderstanding your position in the payment chain

10. Where can I get a free Notice to Owner form for Florida?

You can download a free, editable Florida Notice to Owner template from SunRay Construction Solutions to ensure accuracy and compliance.