Notice to Owner vs. Notice to Contractor in Florida: What is the Difference

This guide explains the difference between NTO and NTC, why each matters, and how to stay compliant with Florida’s construction lien laws.

What Is a Notice to Owner (NTO)

A Notice to Owner is a legal document that must be sent by parties who do not have a direct contract with the property owner, such as subcontractors, suppliers, or service providers.

Purpose

The NTO lets the property owner and other key parties know that you are working on the project or supplying materials. It also puts them on notice that you may file a lien if you are not paid.

Who Must Send It

• Subcontractors

• Material suppliers

• Equipment rental companies

• Laborers who are not under direct contract with the property owner

Deadline

The NTO must be sent within 45 days of first furnishing labor, materials, or services. If you miss this 45-day period, you lose your right to file a lien, even if you are owed money.

Recipients

• Property Owner

• General Contractor

• Other parties listed in the Notice of Commencement

What Is a Notice to Contractor (NTC)

The Notice to Contractor is equally important but applies in different situations. It is sent to notify the general contractor that you are part of the project and want to protect your lien rights.

Purpose

The NTC tells the general contractor that you are working on the project even though you do not have a direct contract with them.

Who Must Send It

• Sub-subcontractors (those who work for a subcontractor)

• Suppliers who provide materials to subcontractors rather than to the general contractor

In these cases, you are one step removed from both the owner and the general contractor, so Florida law requires you to send both NTO and NTC.

Deadline

Like the NTO, the NTC must also be sent within 45 days of first furnishing labor or materials.

Recipients

• General Contractor only

NTO vs NTC: A Simple Comparison

When You Might Need to Send Both Notices

If you are a supplier to a subcontractor, you usually need to send both:

• An NTO to the property owner, because you do not have a direct contract with them.

• An NTC to the general contractor, because you also do not have a direct contract with the GC.

Sending both ensures that everyone in the payment chain is aware of your involvement, which protects your lien or bond claim rights.

Common Mistakes to Watch Out For

1. Missing the 45-day deadline
   Florida is very strict. If you miss the deadline, you lose your lien rights.

2. Improper service
   Notices must be served using approved methods, such as certified mail. Always keep proof of delivery.

3. Not reviewing the Notice of Commencement carefully
   This document lists important information like the owner and contractor details. Mistakes here can make your notice invalid.

Why These Notices Are So Important

Florida’s lien laws are designed to protect everyone in the construction chain. By sending the right notices on time, you:

• Preserve your legal right to file a lien or bond claim

• Keep the payment process transparent

• Reduce disputes by making your role clear

• Strengthen your position if you ever have to chase a payment

Final Takeaway

The Notice to Owner and Notice to Contractor are not the same.

• NTO tells the property owner that you are part of the project.

• NTC tells the general contractor that you are part of the project.

Both have strict deadlines and specific recipients. Knowing which notice to send, and when, can make the difference between getting paid or losing your legal protections.

If you are unsure which notices apply to your situation, working with a lien compliance service or construction attorney can help you avoid costly mistakes.

Pro Tip: Services like SunRay Construction Solutions make this process simple by preparing and delivering your notices accurately and on time. This ensures you never lose your lien rights because of a paperwork error.

If you’re working on a construction project, sending a Notice to Owner Florida form on time is the key step to securing your payment rights and staying compliant with state lien laws.

FAQs

1. What is the difference between a Notice to Owner and Notice to Contractor?
   The NTO applies to private projects and protects lien rights. The NTC applies to public or bonded private projects and protects bond claim rights.

2. Who is required to send each notice in Florida?
   Subcontractors, sub subs, suppliers, and rental companies without a direct contract must send either an NTO or NTC depending on the project type.

3. What happens if I do not send the notice on time?
   You forfeit your lien or bond rights, even if payment is owed.

4. Does SunRay help with both NTO and NTC filings?
   Yes. SunRay’s platform and team ensure both notices are prepared, served, and tracked accurately and on time so you never lose your rights due to paperwork errors.