A Preliminary notice also known as a Notice to Owner (NTO) is a legal document that lets the owner, general contractor, and other recipients on the Notice of Commencement of a construction project know that a contractor, sub-contractor, materials provider, or other party is furnishing labor and/or material and securing their right to file a Mechanics lien in the event they don't get paid.
This notice to owner is not a Mechanics lien, but rather a way to secure the right to file a lien.
Why should you send a Preliminary Notice/Notice to Owner?
![Preliminary Notice or Notice to Owner](https://cdn.prod.website-files.com/5ebe7eef31e99d17393c270e/6386f45187e3e8c090b70569_Preliminary%20Notice%20or%20Notice%20to%20Owner.jpg)
4 reasons why sending a preliminary notice/Notice to owner (NTO) is important.
- The primary reason to send a preliminary notice/Notice to Owner (NTO) is to secure your lien and/or bond claim rights in the event of nonpayment.
- A preliminary notice/Notice to Owner (NTO) let's your customer know that you are informed of the lien process and want to be paid on your terms, not their terms.
- Sending a preliminary notice is a common business practice.
- This notice is NOT a reflection on the integrity of your contractor or their subcontractors. It is merely a letter informing all parties that you are furnishing labor and/or material to the project.
![preliminary notice](https://cdn.prod.website-files.com/5ebe7eef31e99d17393c270e/6386f4b83258f66d23f15dd3_preliminary%20notice.jpg)
Is it possible to File a Mechanics Lien Without a Preliminary Notice in Florida?
Yes, in the state of Florida you can file a Mechanics lien for nonpayment if you have a direct agreement (whether verbal or written) with the owner of the property.
However, if you are not working directly for the owner and are a subcontractor, sub-sub, or supplier you are required in the state of Florida to send a preliminary notice/notice to owner to secure your right to lien the property in the event of nonpayment. Remember a notice to owner must be received not sent by the 45day from first furnishing Private Projects.
![Notice to Owner Florida](https://cdn.prod.website-files.com/5ebe7eef31e99d17393c270e/6389d97c5a435267ebb3a908_Notice%20to%20Owner%20Florida.jpg)
What are the Preliminary Notice Exceptions?
Private Construction Projects
If you are working on private construction projects, below are the exceptions:
Architects, landscape architects, interior designers, engineers, or surveyors and mappers are not required to send Florida Notice to Owner forms to secure their lien rights. (§713.03)
![deadlines for preliminary notice](https://cdn.prod.website-files.com/5ebe7eef31e99d17393c270e/6386f56c84f86c2af994e4aa_deadlines%20for%20preliminary%20notice.jpg)
Public Construction Projects
If you are working on public construction projects, below are the exceptions:
- A claimant having a direct contractual relationship with the contractor holding the bond is not required to send a preliminary notice/notice to owner. That being said, it’s highly recommended to still send your Notice to Owner.
![send NTO](https://cdn.prod.website-files.com/5ebe7eef31e99d17393c270e/638d7638ec98028e99afc40f_send%20NTO.jpg)
Best business practices, it is best to send a preliminary notice/notice to owner (NTO) at the beginning of the project to secure your lien rights. Don’t delay!