Top 3 Requirements When Sending Notices to Owners

These are the top three requirements that you should keep in mind before you send your Notice to Owner.

Ariela Wagner
Oct 16, 2020
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Oct 16, 2020
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Florida

A Notice to Owner identifies your company, who hired you, the work and/or materials being provided, and a description of the job. This preliminary notice, commonly known as Notice to Owner, secures and protects your right to get paid.

In Florida, if you are making improvements to a construction project and wish to secure your lien and/or bond claim rights you may be required to send a Notice to Owner (NTO) depending on where you stand on the payment food chain.

Getting Paid in Construction

Understanding the difference between noticing private and public construction projects

For private construction projects, any party that does not have a direct contract with the property owner is required to send a Notice to Owner Form to secure their lien rights.  

Similarly, on public projects, any party not contracted directly with the prime contractor must send a Notice to Owner/Notice to Contractor to secure their bond claim rights.  

To understand the difference between private construction privates and public construction projects watch this 2-minute video.

Requirement #1- Use the correct statutory form

A Notice to Owner form is not just some arbitrary letter you create on your own. A Notice to Owner/Notice to Contractor is a very specific statutory form that can be found in the Florida Statute, § 713.06, Fla. Stat. (2019).  

The NTO must be filled in correctly with specific information otherwise it can be invalid. What that means is that if you do not send it on time, you will lose your lien or bond claim rights. You need to send it at the right time, to the right people and it must include all the specific information required.

Send Notice to Owner (NTO) in Florida

Requirement #2 Sending Notice to Owner (NTO) Form  timely

A Notice to Owner form in Florida must be received within 45 days from first furnishing labor and/or materials. There is no exception to sending a Notice to Owner form late.  

Best business practice is to send your NTO as soon as you either have a verbal or written contract.  

If you send your Notice to Owner in Florida by the 40th day from first furnishing the Notice to Owner is considered served.  

If you send your Notice to Owner form after the 40th day from first furnishing labor and/or materials and it is not received and signed for by the 45th day, you have lost your lien or bond claim rights.  

Using SunRay, the number one Notice to Owner service in Florida, will remove your risk, and you can rest assured that your Notices to Owner are sent timely and accurately.      

Calculate your NTO (Notice to Owner) Deadline using SunRay's  user-friendly NTO Deadline Calculator

NTO Deadline Calculator

Requirement #3 What must be included in a Florida Notice to Owner?

The following information must be included in the Notice to Owner:  

  • The owner’s name and address,
  • A legal description of the property,
  • The name and address of the person doing the work,
  • The name and address of the person hiring the person doing work,
  • The general contractor if not hired directly by the owner, and
  • Anyone listed on the Notice of Commencement.

Key Takeaways

  • Securing your lien and/or bond claim rights requires very specific, information and your NTO must be sent timely,
  • You must use the correct statutory form,
  • Make sure you have all the required information on your Notice to Owner form, and
  • Send your NTO as soon as you have a verbal or written contract.
Lien and Bond Claim Rights
Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela is the president and founder of SunRay Construction Solutions.
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