EXECUTED CONTRACT & NOTICE TO OWNER

It is critical to think of the fully executed contract as being incomplete without the added protection of a properly served Notice To Owner. The Notice To Owner should served the same day, or the following day, the contract is fully executed.  The purpose of serving the Notice to Owner is to inform the property owners and other relevant parties about your participation in the project. The Notice to Owner also lets them know that you are willing to exercise your lien rights should you not get paid for your services.

​

If you are a subcontractor, or material supplier working under a general contractor, you must submit a Notice to Owner. The same applies if you are a sub-subcontractor or a material supplier working under a subcontractor.

 

40-DAY WINDOW FROM DATE FURNISHING MATERIALS AND/OR LABOR

Notice to Owner is effective at the time of mailing only if the document is sent within 40 days after you begin rendering service to the project (from Section 713.18[2] of the Florida statutes). Otherwise, the Notice to Owner will be considered served at time of receipt.

It is considered best business practice to serve the Notice to Owner as early as possible. If doable, you must serve the Notice to Owner even before you begin working on a project. Preparing the Notice to Owner right before the deadline may cause compliance issues, which may be fatal to your lien rights.

​

SERVE ALL PARTIES THAT SEPARATE YOU FROM THE PROPERTY OWNER

When serving a Notice to Owner, be sure that you deliver them to all parties up the contracting chain. This pertains to all parties that separate you and the property owner. If you are a sub-subcontractor, for example, you must serve the Florida Notice to Owner not only on your subcontractor but also to the general contractor and the property owner.

​