Notice to Owner vs. Mechanics Lien: Key Differences Florida Contractors Must Know

What Is a Notice to Owner in Florida?

A Notice to Owner formally alerts the property owner and general contractor that you are providing labor, materials, or services on a project and may later assert lien rights.

Key points:

• Required for subcontractors and material suppliers

• General contractors typically do not need to send an NTO

• Must be sent early in the project lifecycle

• For non-residential projects over $2,500, it must be sent by the first payment draw or within 45 days of first furnishing labor or materials, whichever is later

Failing to send a timely NTO eliminates downstream lien rights.

What Is a Mechanics Lien in Florida?

A mechanics lien is a legal claim recorded against the property when payment is not made, creating pressure on the owner to resolve the debt to avoid foreclosure.

Key points:

• Available to contractors, subcontractors, suppliers, and laborers who remain unpaid

• Filed after payment demands or invoicing fails

• Must be recorded within 90 days of last furnishing labor, services, or materials

• Subcontractors and suppliers can only file if they preserved rights with a valid NTO

Notice to Owner vs. Mechanics Lien: Key Differences

Timing

• Notice to Owner: Sent early, within the first 45 days of work

• Mechanics Lien: Filed later, within 90 days of last work

Purpose

• Notice to Owner: Preserves future lien rights

• Mechanics Lien: Enforces payment by encumbering the property

Recipients

• Notice to Owner: Served on the owner and general contractor

• Mechanics Lien: Recorded publicly against the property

Recording

• Notice to Owner: Not recorded

• Mechanics Lien: Must be recorded with the county clerk

Impact

• Notice to Owner: No immediate payment effect

• Mechanics Lien: Secures debt and can lead to foreclosure

An NTO is preventive. A mechanics lien is enforcement.

How a Notice to Owner Protects Your Right to File a Mechanics Lien

Florida law directly links the validity of most liens to proper notice. Under Section 713.06, subcontractors and suppliers must send an NTO to perfect their lien rights.

Common mistakes that invalidate liens:

• Failing to send the NTO at all

• Serving the wrong owner or missing the general contractor

• Missing statutory deadlines

• Using incomplete or inaccurate project information

Even high-quality work does not save a lien if notice requirements are ignored.

When Do You Need Both in Florida Construction Projects?

Most non-direct parties must use both documents in sequence.

Typical timeline:

• Day 1 to 45: Send Notice to Owner

• Ongoing: Perform work and submit invoices

• Up to 90 days after last work: File mechanics lien if unpaid

Example scenarios:

• A subcontractor on a $100,000 residential project sends an NTO before the first payment request, then files a lien if $20,000 remains unpaid

• A material supplier sends an NTO when deliveries begin and records a lien if invoices go unpaid

• A general contractor may file a lien directly without sending an NTO

Common Misunderstandings About Notices and Liens

• “I filed a lien, so I did not need an NTO.” This is incorrect. Most subcontractor and supplier liens are invalid without proper notice.

• “Only unpaid contractors need to send notices.” Wrong. NTOs should be sent regardless of current payment status.

• “General contractors have the same notice requirements.” They do not. General contractors typically lien without sending an NTO.

Best Practices to Stay Compliant in Florida

• Send Notices to Owner early using certified mail or hand delivery with proof of service

• Track deadlines carefully, especially the 45-day notice window and the 90-day lien deadline

• Use professional lien services to avoid filing and recording errors

Conclusion

Understanding the difference between a Notice to Owner and a mechanics lien is critical for protecting payment rights in Florida. The Notice to Owner preserves your ability to file a lien, and the lien enforces payment when disputes arise. Missing either step can invalidate your claim entirely.

Protect your rights early, track your deadlines, and use the right tool at the right time.

FAQ: Notice to Owner vs. Mechanics Lien

What is the difference between a Notice to Owner and a mechanics lien?‍

A Notice to Owner preserves lien rights early through notice, while a mechanics lien enforces payment by recording a legal claim against the property.

Is a Notice to Owner required before filing a mechanics lien in Florida?‍

Yes. Subcontractors and suppliers on projects over $2,500 must send an NTO under Section 713.06.

Who must send a Notice to Owner?

Subcontractors and material suppliers. General contractors typically do not.

Who can file a mechanics lien in Florida?

Contractors, subcontractors, suppliers, and laborers who provided value to the project and remain unpaid.

When should a Notice to Owner be sent?

Within 45 days of first furnishing labor or materials, or by the first payment draw, whichever is later.

When can a mechanics lien be filed?

Within 90 days of last furnishing labor or materials, provided lien rights were preserved.

What happens if a lien is filed without an NTO?

The lien is invalid and subject to dismissal.

Is a Notice to Owner recorded with the county?

No. It is served as notice only.

Is a mechanics lien recorded with the county?

Yes. It must be recorded with the county clerk where the property is located.

Can a Notice to Owner secure payment by itself?

No. It only preserves rights and does not compel payment.

How do Notices and liens work together?

The NTO secures eligibility early, and the mechanics lien enforces payment later, forming a statutory payment protection system.