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In Florida, the Notice to Owner (NTO) is a preliminary notice that protects your right to file a lien or bond claim if unpaid. Sent to parties listed on the Notice of Commencement, it informs them of your involvement and intent to enforce payment rights, helping safeguard your receivables.
Anyone who does not have a direct contract with the property owner—such as subcontractors, sub-subcontractors, and material suppliers—must send a Notice to Owner to secure their lien rights under Florida Statutes § 713.06(2)(a).
Frequently asked questions on Notice to Owner (NTO)
A Notice to Owner (NTO) is a legal document that preserves a subcontractor's or supplier’s right to file a lien if unpaid. It alerts the property owner that someone is contributing to the project who isn’t directly contracted with them.
Subcontractors, sub-subcontractors, and material suppliers without a direct contract with the property owner must send an NTO to protect their lien rights.
When should a Notice to Owner be sent during a construction project in Florida?
If you fail to send an NTO on time, you lose your lien rights and may not be able to secure payment through legal claims.
It should list the sender’s name and address, the property owner’s name, a description of labor/materials provided, and the general contractor’s name (if known).
You must send it to the property owner, the general contractor, and any others listed on the Notice of Commencement.
It must be sent via certified mail with return receipt requested or another method approved by Florida law.
It is considered served when sent, provided it's mailed properly under Florida statutes.
You risk losing lien rights for any work done before the notice was sent.
Yes, they can and should—direct mailing is allowed as long as it's done in compliance with Florida’s lien laws.