How Long Is a Notice to Owner Valid in Florida? Understanding the 40-Day and 90-Day Rules

This guide explains how these timelines work, when they begin, and how to ensure compliance to avoid forfeiting your lien rights.

Importance of Deadlines in Lien Law

Florida’s lien law is designed to balance payment protection for contractors and suppliers with transparency for property owners. However, these protections apply only if the statutory timelines are met. A properly served NTO gives the owner notice that you are working on the project and may have lien rights. Failing to serve it on time means those rights never arise.

Similarly, even if you serve your notice correctly, your lien must be recorded within 90 days of completing your work or delivering materials. The law does not allow extensions or exceptions for missed deadlines.

Understanding the 40 Day Rule

When to Send the NTO

A Notice to Owner must be served no later than 45 days after you first begin furnishing labor, services, or materials to a project. In practice, professionals refer to it as the “40 day rule” because you should send it by the 40th day to allow enough time for delivery and receipt.

You can also serve the notice before beginning work, which is the safest approach. If you wait until after day 45, your right to lien the property for that work is lost, even if you complete the project or the owner still owes payment.

What Counts as “First Work” or “First Delivery”

The 45 day period starts on the day you first furnish work or materials at the job site. For specially fabricated materials, the countdown begins when fabrication starts, not when delivery occurs.

The key trigger is when you begin physical work or supply materials intended for incorporation into the project. Waiting for a formal contract or verbal confirmation does not delay the deadline. Once your contribution starts, the clock begins to run.

Understanding the 90 Day Rule

How It Relates to Filing a Lien

Once work is complete, a lienor has 90 days from the last day of furnishing labor, services, or materials to record a Claim of Lien in the county where the property is located. This is an absolute deadline. If you fail to record the lien within this timeframe, your right to enforce payment through the lien process is permanently lost.

The “last furnishing” date refers to the last time you provided labor or materials that contributed to the improvement of the property. Warranty work, punch list items, or administrative tasks do not extend this period.

Connection to Project Completion

The 90-day rule is independent of the project’s overall completion date. Each contractor, subcontractor, or supplier calculates their own 90-day window based on when their work concluded. Even if the project continues for months after your portion is done, your individual deadline remains fixed.

Timeline Example: From First Work to Lien Filing

To understand how these deadlines fit together, consider the following example:

• Day 1: Subcontractor begins work on the project

• Day 40: The subcontractor serves the Notice to Owner (well within the 45-day

• window)

• Day 120: The subcontractor finishes work on the project

• Day 210: The last day to record the Claim of Lien (90 days after completion)

In summary, the Notice to Owner protects your right to file a lien, and the Claim of Lien must be recorded within 90 days of finishing the work. These are two distinct but connected steps in preserving payment rights.

Common Mistakes in Tracking Timeframes

Misinterpreting Start Dates

A frequent mistake is misunderstanding when the first furnishing date occurs. For suppliers, it often begins when materials are fabricated or shipped, not when invoiced. For contractors, it begins when any labor or service is first performed on site.

Another common error is assuming that the mailing date of the NTO is enough. In Florida, the notice must be received by the owner or designated party within the statutory timeframe.

Relying on Verbal Agreements

Many contractors delay sending the NTO because they expect a written contract or trust that payment will come through. Unfortunately, the law does not make exceptions for verbal promises or handshake agreements. The deadline continues to run regardless of negotiations or informal arrangements.

How to Ensure Compliance

Digital Tracking Tools

Modern lien management software can help contractors and suppliers monitor deadlines, send reminders, and maintain proof of service. These tools automatically calculate due dates based on the first and last furnishing dates, reducing the risk of human error.

Reminder Systems

If you manage deadlines manually, set calendar reminders as soon as you begin work on a project. Mark both your 40 day and 90 day deadlines clearly. Keep certified mail receipts and records of delivery as proof of compliance. Proper documentation can protect you if the validity of your notice or lien is later challenged.

Legal Consequences of Missing the Deadlines

Failing to send an NTO or record a lien within the prescribed periods has serious consequences. You lose your right to claim a lien, which removes your leverage to secure payment. Without lien rights, your only option is to pursue contract remedies, which can be slower and more expensive.

Owners and general contractors are also protected when these deadlines are missed. If a subcontractor fails to send an NTO on time, the owner can legally make payments to the general contractor without worrying about hidden lien claims later.

Conclusion

Florida’s lien laws reward those who act promptly and penalize those who delay. The 40 day rule for serving a Notice to Owner and the 90 day rule for recording a Claim of Lien are strict statutory requirements that leave no room for error.

Contractors, suppliers, and service providers should treat these deadlines as immovable. Establish systems to track your first and last furnishing dates, serve your notices early, and record your liens before the window closes. Consistent compliance not only preserves your legal rights but also strengthens your position in payment negotiations and dispute resolution.

Key Takeaways

FAQs

When does the 40 day period start for sending an NTO?

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It starts the day you first furnish labor, services, or materials to the project. For specially fabricated materials, it begins when fabrication starts, even if delivery has not yet occurred.

What is the difference between the 40 day and 90 day rules?

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The 40 day rule governs when you must serve your Notice to Owner to preserve lien rights. The 90 day rule governs when you must record your Claim of Lien after completing your work. Both are required to maintain enforceable lien rights.

Can I send an NTO after 40 days?

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The law allows up to 45 days from the first furnishing date, but sending after the 40th day is risky. Delays in mailing or delivery could cause the notice to arrive late and invalidate your lien rights.

How long does an NTO remain valid once sent?

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Once properly served, the NTO remains valid for the duration of your work on the project and through the 90 day period for filing a lien. It does not expire, but your ability to act on it is tied to your lien filing deadline.

What tools can help track these deadlines automatically?

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Use professional lien management services, project management platforms, or calendar-based tracking systems that calculate and remind you of key statutory deadlines. These tools reduce human error and ensure timely compliance.