The Florida Construction Lien Law is not simple. From Notice of Commencement and Notice to Owner to Conditional Releases of Lien and Claims of Lien, Florida State Statues Chapter 713 is detailed, concise and exact.
What is a Notice to Owner?
A Notice to Owner informs the proper parties that a potential lienor will furnish or has already furnished materials, labor, or other lienable services for improvement of the property including a general description of the type of materials they are supplying or the type of work they will be performing. A Notice to Owner does not mean that a lien has already been placed or filed against the property or that a contractor has failed to pay the company that is providing the service and giving notice.
With Lien Rights, Every Day Counts!
To preserve your lien rights, the Notice to Owner must be served to the owner in a legally sufficient matter, no later than 45 days after the lienor commences to furnish labor and/or materials to the construction project/job. It is not uncommon for a property owner to receive several Notices from different subcontractors/suppliers for a single project.
Why is a Notice to Owner Important?
A Notice to Owner is a prerequisite to recording a Claim of Lien in the State of Florida for material and/or labor supplied to real property for which you may not have been paid. To establish your right to file a Claim of Lien if you supplied material and/or labor - whether companies, or individuals, or anyone other than the owner - you need to file a Notice to Owner no later than 45 days from the first day on the job/property.
One of Checkmark Collections’ specialties is providing "Notice to Owner" service. Checkmark Collections will search for proper ownership, legal description and any documentation recorded showing the improvements being made to the subject property. We will send your Notice to Owner to the owner, general contractor and/or bonding company via certified mail with proof of delivery. In some cases where there is a Notice of Commencement filed with the public records department of the county where the property is located, additional copies of the notice will be sent to others such as lenders, attorneys, etc.