If you’re are starting a new construction project or making improvements to an existing real property, it’s crucial you know the importance of filing a timely Notice of Commencement. In Part 1 of our article, we discuss how filing a notice helps to protect your best interest as an owner and the pertinent information you must include in your notice.
Who Files the Notice?
Usually, the owner will file the Notice of Commencement unless they have a designated agent. According to Chapter 713, the notice must be recorded in the same county as the property. The notice must be posted for all to see at the job site.
Failing to File the Notice
Filing and posting the Notice of Commencement should be priority one. Pursuant to Chapter 713, Part 1, Section 713.13, making payments after a Notice of Commencement expires means you risk paying double for labor and materials. Failing to file or provide a certified copy to your local county building department can also stall the inspection process. Our Orlando construction attorneys always recommend getting legal assistance when navigating Florida’s complex Construction Lien Law so you can avoid wasting money.
Terminating a Notice of Commencement
The Notice of Commencement remains effective for up to one year unless an owner terminates it. This can occur after the completion of the project or after construction stops and lienors have been paid in full. A Termination of Notice of Commencement must be filed with a copy of the original notice, a description of the property, and the contractor’s final payment affidavit. A copy of the notice must be served to each lienor.
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.