Florida

Florida Notice to Owner

Disclaimer: The information on this webpage is NOT the same as legal advice. SunRay Construction Solutions, LLC is not an attorney or a law firm. Although SunRay goes to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.
Florida Lien Law
Florida Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

If the project is over Twenty Five Hundred Dollars ($2,500) GC should record the NOC.

Not Required

A Prime Contractor has only Ninety Days (90 days) from the last day materials and/or labor were furnished to record a Construction Lien known in the state of Florida as a “Claim of Lien.”

Sub Contractor

“Notice to Owner/Notice to Contractor” should be served to the owner and required recipients Forty Five days (45 days)  from first day of  start of the project.

If it’s specially fabricated materials the clock starts ticking as soon as you start fabricating.

A word of caution the “Notice to Owner/Notice to Contractor” must be received by the 45th day. If stamped by the US Post office by the 40th day and the Notice to Owner doesn’t reach the required recipients by the 45th day and you have still secured your lien rights and/or bond claim rights.

Not Required

A Subcontractor has only Ninety Days (90 days) from the last day materials and/or labor was furnishing to record a Construction Lien known in the state of Florida as a “Claim of Lien.”

Suppliers/Other

“Notice to Owner/Notice to Contractor” should be served to the owner and required recipients 45 days from first day of furnishing materials and/or materials. If it’s specially fabricated materials the clock starts ticking as soon as you start fabricating. A word of caution the “Notice to Owner/Notice to Contractor” must received by the 45th day. It’s safe to have a stamped manifest by the USPS sent by 40th day.

Not Required

A Supplier has only Ninety Days (90 days) from the last day materials and/or labor was furnishing to record a Construction Lien known in the state of Florida as a “Claim of Lien.”

Florida

Notice to Owner/Notice to Contractor, Notice of Nonpayment, Claim on Bond, Liens

 

1. Does Florida law require any notice of filing for the performance of private work to secure your lien rights?  

Yes! If you do not have a direct contract with the owner of the property you must send a Notice to owner/Notice to Contractor within 45 days of commencing work.

SECURE YOUR LIEN RIGHTS by sending a Notice to Owner/Notice to Contractor to Performance NOW!

 

2. Are there any special rules for specialty fabricated material as to the time in which to send a Notice to Owner/Notice to Contractor?

Yes! If you are specially fabricating materials for a specific job the time starts when you start fabrication, not when you deliver the fabrication to the property.

SECURE YOUR LIEN RIGHTS by sending a Notice to Owner/Notice to Contractor to Performance NOW!

 

3. Will Florida law need any notice or filing prior to work done on the site?

Yes it does!   For General Contractors a Notice of Commencement must be recorded and posted on the jobsite before the work begins!

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4. Are there any exceptions to which a Notice of Commencement is not required?

Yes! Professional services such as surveying, engineering or designers are not required to file a Notice of Commencement.

 

5. What if my contract is with the tenant and a short form of the lease or memorandum of the lease is recorded what are my rights?

If you have a contract with a tenant you can lien the tenant’s interest if there is a short form of the lease or memorandum of the lease is recorded.  If not you may have rights to lien the fee simple’s interest.

 

6. Does Florida law require any notice of filing for the performance of work to secure your Bond Claim rights for private work? 

Yes! If you have a direct contract with the GC you are required to send a Notice to Owner/Notice to Contractor to all of the responsible properties including the bonding company.

SECURE YOUR LIEN RIGHTS by sending a Notice to Owner/Notice to Contractor to Performance NOW!

 

 7. What if I am not paid and the project is bonded?

You have 90 days from the last day you furnished labor and/or materials to a property to send a Notice of Nonpayment to the bonding company.

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8. How much time do I have to lien a project?

You have 90 days from the last day you are on the project to lien the project.

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9. What if my lien is contested by the owner of the property?

If the owner contests the lien your time to foreclose on a lien can be reduced from one year to 60 days or even 20 days depending on the method on which the owner chooses at the time.

 

 

 

 

Florida State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

If you are not contracted with the General Contractor, you must deliver a preliminary notice to the General Contractor, within 45 days of, first furnishing labor or materials to the project.

If you are not contracted with the General Contractor, you must file a bond claim with the General Contractor and surety within 90 days of last furnishing labor or materials to the projects. Enforcement of the the lawsuit must be filed within 1 years of the last furnishing of labor or materials to the project.

Get Paid Now!Secure your lien rights and get paid on your terms.At SunRay we are interested in the success of your business, as your success is our success!