Notice to Owner: What are the Exceptions? Part 2
In Part 1 of this two-part series we gave you the first four lienors that aren’t required to send a Notice to Owner (NTO). To refresh your memory, a NTO is an official notice sent by subcontractors and suppliers to an owner. The notice alerts the owner that improvements and materials are being supplied on a property and payment is expected.
Our Sarasota construction attorney can help you understand the complexities of Florida Statute 713. This includes requirements and the specific time frame the notice should be filed. In Part 2, we’ll complete our list of lienors that aren’t required to send a notice, and tell you why you may want to still consider sending an NTO.
Laborers are exempt from filing a notice. They do not provide materials and it is not likely they’ll have any foreseeable claim.
Professional lienors such as architects, engineers, mappers, surveyors, and interior designers do not need to file a notice.
Construction Lien Law doesn’t apply to contracts between an owner and contractor that are under $2500.
Why You Should Send an NTO Anyway
Even if you aren’t required to file a Notice to Owner, it is usually recommended as a safeguard. It’s vital to secure your own best interest. Sending the Notice to Owner lets the owner know that you are supplying materials or subcontracting on the improvement of a property. This makes it known that you are present and expect payment for services rendered. The notice will secure your lien rights, bond claim rights.
Key Things to Remember
Strict compliance with Florida’s statutes is required. Failing to serve a Notice to Owner within appropriate deadlines can result in losing a lien. A notice should be served 45 days from performing a service or supplying materials and but before final payment.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.