Wait, What? I Only Have 40 Days to Send My Notice to Owner in Florida?

Why? Because Florida’s lien statute is strict, unforgiving, and procedural. Any delay, miscalculation, or delivery issue can invalidate an otherwise valid claim. Missing the Notice to Owner deadline can strip a contractor, subcontractor, or supplier of one of the most powerful tools available to secure payment on a construction project.

What Is a Notice to Owner in Florida?

A Notice to Owner (NTO) is a statutory notice required under Florida’s construction lien law for most parties who do not have a direct contract with the property owner.

Its purpose is to:

• Inform the property owner that labor or materials are being furnished to the project

• Preserve the sender’s right to later record a construction lien if payment problems arise

The Notice to Owner primarily protects subcontractors, sub-subcontractors, and material suppliers on private Florida projects. Without a timely and properly served NTO, lien rights may be lost entirely.

Why Florida Has a 45-Day Deadline (and Why 40 Days Is the Safer Rule)

Florida Statutes require a Notice to Owner to be served no later than 45 days after first furnishing labor or materials to the project.

This deadline exists to ensure early transparency. Property owners are entitled to know who may later assert lien rights against their property, and lenders rely on this information to assess project risk.

However, waiting until day 45 is risky. Mail delays, incorrect project information, or errors in identifying the owner can cause a notice to arrive late or be deemed defective. For that reason, 40 days is widely considered a best-practice deadline, giving contractors a critical buffer to avoid losing lien rights due to technical issues.

When Does the 45-Day Clock Start?

The Notice to Owner deadline begins running from the date of first furnishing.

“First furnishing” means:

• The first on-site labor that contributes to the improvement of the property, or

• The first delivery of materials intended for incorporation into the project

It does not usually include estimating, bidding, or administrative work performed off-site. Confusion about this start date is one of the most common reasons contractors miss the deadline.

What Happens If You Miss the Deadline?

Failing to timely serve a Notice to Owner does not erase the debt, but it can eliminate lien rights.

The consequences often include:

• Loss of the right to record a construction lien

• Reduced leverage in payment disputes

• Reliance on breach of contract or collection actions, which are often slower and less effective

In many cases, missing the deadline permanently removes the strongest remedy available under Florida construction law.

Common Reasons Contractors Miss the Deadline

Contractors frequently miss the Notice to Owner deadline due to:

• Delayed project onboarding or paperwork

• Misunderstanding when first furnishing occurred

• Failure to obtain or review the Notice of Commencement

• Assuming another party is responsible for sending the notice

These issues are preventable but often discovered only after lien rights are already lost.

How to Send a Florida Notice to Owner Correctly

A valid Florida Notice to Owner must include:

• The property owner’s name and address

• A legal description of the property

• The hiring party’s information

• A description of the labor or materials furnished

Service must comply with statutory delivery requirements, typically certified mail with proof of mailing and receipt. Accuracy and documentation are critical, as defective service can be just as damaging as late service.

How to Avoid Missing the Deadline in the Future

The most effective way to protect lien rights is to build compliance into standard project procedures.

Best practices include:

• Tracking first furnishing dates on every project

• Sending Notices to Owner immediately after work begins or materials are delivered

• Treating 40 days as the internal deadline, not 45

• Using professional notice and lien services to manage deadlines and service requirements

Many contractors rely on companies like SunRay Construction Solutions to ensure notices are sent early, accurately, and with proper proof, reducing administrative burden and compliance risk.

Conclusion

Florida law allows 45 days to serve a Notice to Owner, but waiting that long invites unnecessary risk. A single mailing issue or clerical error can destroy lien rights entirely.

Treating 40 days as the real deadline is a practical, defensive strategy that protects payment rights and preserves leverage. In Florida construction, early compliance is not just good practice; it is essential to getting paid.

Florida Notice to Owner FAQs

What is a Notice to Owner in Florida?‍

A statutory notice that preserves lien rights for parties without a direct contract with the property owner.

Who must send a Notice to Owner in Florida?

Most subcontractors, sub-subcontractors, and material suppliers.

How long do I have to send a Notice to Owner in Florida?

Florida law allows 45 days, but 40 days is widely used as a best-practice deadline.

When does the Notice to Owner deadline start?

From the date of first furnishing labor or materials to the project.

What qualifies as first furnishing?

Initial on-site labor or the first delivery of materials intended for the project.

Can a Notice to Owner be sent before work begins?

Yes. Early service is permitted and encouraged.

What happens if I miss the deadline?

Lien rights may be lost or severely limited.

Do general contractors need to send a Notice to Owner?

Generally no, because they contract directly with the owner.

Does the Notice of Commencement affect the deadline?

Yes. It provides critical project and ownership information needed for proper service.

How must a Notice to Owner be delivered?

By a legally compliant method, typically certified mail with proof.

Can I still get paid without sending a Notice to Owner?

Possibly, but lien rights may be unavailable, significantly reducing leverage if payment issues arise.