We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- Notice
-
Florida Notarized Statement Regarding Notice of Commencement Form -...
Notice Of Commencement Form Pdf
Category:
State:
Florida
Control #:
FL-03222
Format:
Word;
Rich Text
Instant download
Description Commencement Notice
This Notarized Statement Regarding the Notice of Commencement form is signed and filed by an individual Owner of a parcel of land. He/She declares that the construction process has commenced in front of a Notary Public. This form is available in both Word and Rich Text formats.
Free preview Florida Notice Commencement
Notarized Form Related forms
View Assets inventory form for probate
View Assets inventory form for probate
View this form
View Payment attorney fees for probate
View Payment attorney fees for probate
View this form
View Probate cover sheet form
View Probate cover sheet form
View this form
View Probate cover sheet for fax
View Probate cover sheet for fax
View this form
View Probate cover sheet for resume
View Probate cover sheet for resume
View this form
Related legal definitions
How to fill out Notice Commencement Agreement?
Navigating through the bureaucracy of official documents and templates can be difficult, especially when one does not do that professionally. Even choosing the right template for a Notice Of Commencement Form Pdf will be time-consuming, as it must be valid and accurate to the very last digit. Nonetheless, you will need to devote considerably less time finding a appropriate template if it comes from a resource you can trust. US Legal Forms is a platform that simplifies the procedure of searching for the correct forms on the web.
US Legal Forms is a single location one needs to find the newest samples of documents, check with their use, and download these samples to fill them out. It is a collection with over 85K forms that apply in various fields. Looking for a Notice Of Commencement Form Pdf, you will not need to question its credibility as all the forms are verified.
An account at US Legal Forms will ensure you have all the needed samples in your reach. Store them in your history or add those to the My Forms catalog. You can access your saved forms from any device by simply clicking Log In at the library website. If you still do not have an account, you can always search anew for the template you need. Get the proper form in a few simple steps:
- Enter the title of the document in the search area.
- Find the appropriate Notice Of Commencement Form Pdf on the list of results.
- Look at the outline of the sample or open its preview.
- If the template matches your requirements, click Buy Now.
- Proceed to select your subscription plan.
- Use your electronic mail and create a security password to register an account at US Legal Forms.
- Select a credit card or PayPal transaction option.
- Save the template document on your device in the format of your choice.
US Legal Forms will save you time and effort researching if the form you saw on the web is suitable for your needs. Make an account and obtain unlimited access to all the templates you require.
Notice Commencement Statement Form Rating
4.69
Satisfied(280)
Notice Commencement Document Form popularity
Statement Notice Commencement Other Form Names
Fl Commencement Form
Form Construction Liens
Regarding Notice Commencement
Florida Notice Commencement Form
Notice Commencement Form
Florida Notice Commencement Template
Notice Commencement Application
Fl Notice Commencement Form FAQ
In order for the Notice of Commencement to be valid, it must contain the following information: A description of the property sufficient for identification (including the legal property description, street address, & tax folio number if available) Description of the improvements to be made.
The Notice of Commencement is a part of the Florida Lien Statute. This document is filed in county records and signifies the beginning of a project. While not required in some states, not filing the Notice of Commencement in Florida can unfavorably affect your lien rights in the state.
The notice of commencement that is uploaded to the NSW Planning Portal, as required under the EP&A Act, will be accepted as evidence of construction commencement. To be eligible for the grant, construction must commence within three months of the contract date and applications must be made before 31 December 2020.
Should a Notice of Commencement Florida be Notarized? In Florida, the NOC must be signed and notarized by the owner or the owner's agent.
Ohio Notice of Commencement Information File the notice of commencement with the county recorder's office in the county where the project is located; Serve a copy of the notice to the original contractor(s) via certified or registered US mail, with return receipt requested; Post the notice at the project site;
Notice Of Commencement Form Pdf Related Searches
-
notice of commencement florida form pdf
-
broward county notice of commencement pdf
-
miami-dade notice of commencement pdf
-
notice of commencement form palm beach county
-
brevard county florida notice of commencement form
-
notice of commencement form miami-dade
-
file notice of commencement online
-
notice of commencement florida form pdf
-
broward county notice of commencement pdf
-
notice of commencement template
Notice Commencement Agreement Interesting Questions
A Notice of Commencement form in Florida is a legal document that notifies interested parties about the start of a construction project. It provides important information about the project, such as the property owner, contractor, and the project's location.
In Florida, any property owner or contractor undertaking a construction project valued over $2,500 must file a Notice of Commencement form. It ensures transparency and protects the interests of parties involved in the project, including subcontractors and suppliers.
You can obtain a Notice of Commencement form from the county clerk's office where the construction project is located. Many counties provide downloadable PDF versions on their official websites, making it convenient for property owners and contractors.
A Notice of Commencement form typically requires details such as the legal property description, project owner's name and address, contractor's information, surety information, and the estimated project completion date. It's essential to accurately fill in all the required information.
A Notice of Commencement form must be filed before starting any construction work on the project. It's advisable to file it at least one day prior to the start of construction to ensure all parties are informed and protected from the beginning.
Failing to file a Notice of Commencement can have serious consequences. It may limit your ability to enforce mechanics' lien rights, expose you to potential legal disputes, and create confusion among contractors, subcontractors, and suppliers. It's crucial to comply with this requirement to avoid complications.
Yes, you can modify a filed Notice of Commencement form in Florida. However, any modifications should follow the correct procedure to ensure proper documentation and notification to all parties involved. It's recommended to consult with legal professionals or the county clerk's office for guidance.
No, a Notice of Commencement is not required for all construction projects in Florida. It is mandatory for projects exceeding $2,500 in value. However, even if your project falls below this threshold, filing a voluntary Notice of Commencement might still be beneficial to establish transparency and protect everyone's interests.
In Florida, a Notice of Commencement form remains valid for one year from the date of filing. However, if the project exceeds one year, and work continues, an extension may be possible by filing an Amended Notice of Commencement form. It's crucial to adhere to these timelines to maintain the document's validity.
Yes, it is essential to serve a copy of the filed Notice of Commencement form to all subcontractors, suppliers, and other parties involved in the project. This allows them to have the necessary information and protects their rights by ensuring compliance with the legal requirements throughout the construction process.
More info
Completion of Form: ◇ All information must be typewritten or legibly printed. Please do not submit these instructions with your completed form.Effective September 30, 2020, per the Phase 3 Reopening plan, Marco Island City Hall is open, with safety protocols in place. View Full Contact Details. O:\Building\SOP\Public Forms\Drafts\Affidavit\NOTICE OF COMMENCEMENTv3. Please make sure the Notary acknowledgement section is fully completed. Date - the date the document is notarized. A Notice of Commencement is required for the construction, improvements to, or for the alteration or repair of improvements to real property. Complete the NOC, sign and have notarized. 13 Florida Statutes). !
Fl Regarding Commencement Trusted and secure by over 3 million people of the world’s leading companies
Notice Of Commencement
Law summary
Notarized Statement Regarding Notice of Commencement Form - Construction - Mechanic Liens - Individual
Note: This summary is not intended to be an all inclusive discussion of Florida’s construction lien laws, but does include the basic provisions.
Who may claim a construction lien in Florida?
Generally, Florida law provides that a contractor, subcontractor or material supplier (“lienor”) who provides labor, work, or materials for the improvement of private real property located within Florida has a lien on that property for the value of the materials, labor, or work provided. Florida Statutes § 713.02 and § 713.06.
Private property owners concerned about clouds on title can exempt their property from liens by securing a lien bond in anticipation of construction. See Florida Statutes § 713.23 (Payment Bond) and § 713.245 (Conditional Payment Bond). The lien bond substitutes for the property as security for the payment of a potential lienor. If the project is bonded, the lienor has a claim against the bond for the value of the work and/or the materials provided to improve the property. Owners can also transfer liens to bonds as they see fit after a lien is recorded. Florida Statutes § 713.24.
Perfecting Claim of Lien When the Lienor is in “privity” with the Owner.
Laborers and lienors in privity of contract with the owner – having a “one on one” direct contractual relationship with the Owner – has a fairly direct route to a lien. The owner obviously is aware of the contractual relationship with the claimant since they have a contract. That satisfies the general requirement of “notice.” See Florida Statutes § 713.05. Assuming the contract includes the required warning language required by Florida Statutes § 713.015, that satisfies the statutory notice requirement. At this point, the claimant usually has a valid contract and is in a position to start providing materials or services on the job site.
All claimants – whether laborers or those in privity of contract with the owner or not – must file a claim of lien in a timely fashion in order to protect their lien rights. See Florida Statutes § 713.08(1) and Form FL-03201 – Claim of Lien. Also, any lienor, except a laborer or materialman who has a direct contractual relationship with the owner, must furnish an affidavit like the one required of contractors under Florida Statutes § 713.06(3). See Florida Statutes § 713.05 and Forms FL-3200 “Contractor’s Final Payment Affidavit and FL-03237 “Final Payment Affidavit – One Other than Contractor”.
Perfecting Claim of Lien When the Lienor is NOT in “privity” with the Owner.
A lienor who is not in contractual “privity” (a direct contractual relationship) with the owner must satisfy several requirements before perfecting its right to a construction lien. First, the lienor must serve the owner with a “Notice to Owner.” See Florida Statutes § 713.06(2)(c) and Form FL-03198 . The purpose of the notice to owner is to alert the owner to the lienor’s presence on the job so that the owner can protect himself from the risk of paying over to the contractor monies which ought to go to an unpaid potential lienor who has previously provided work, labor, and/or materials. The owner can eliminate the possibility of paying twice for lienor’s work by requiring a lien waiver (partial or final) ensuring that the money paid the contractor ends up paid to the lienor providing notice. The lienor must serve a notice to owner within the earlier of (1) 45 days of first materials delivered to the project or work performed on the project or (2) before final payment is made by the owner in reliance on the final contractor’s affidavit. See Florida Statutes § 713.06(2)(a) and Form FL-03200. The notice to owner and other required notices under the Florida Construction Lien Law must either be served certified or registered mail return receipt requested or by actual delivery to the person to be served. Fla. Stat. §713.18.
The notice to owner must be sent in the form provided by §713.06(2)(c). A deviation from the statutory form may result in loss of the lienor’s rights. The Owner must be served even if the Owner is in fact aware that the lienor is on the job and providing services and/or materials. If the lienor is not in privity with the general contractor, it must also serve the contractor with the Notice to Owner. See Florida Statutes § 713.06(2)(a). The notice to owner should also be served on any lender identified in the notice of commencement because the lender may be obligated to seek lien waivers from lienors as progress payments are made.
A lienor who fails to recover a timely payment and who has complied with its notice to owner requirements may lien the owner’s property to obtain payment. To do so, the lienor must record a claim of lien in the public records of the county where the property is located within 90 days of the final furnishing of materials, labor, or work or at any time during performance. Florida Statutes § 713.08(5).
The claim of lien must also be in substantially the same form as that provided in §713.08(3). To record the claim of lien, the lien must be prepared, signed and notarized by the lienor and then taken to the clerk of court in the county where the property is located. There it will be recorded in the public records for a nominal fee. Florida Statutes § 713.08(5).
Following recording, the claim of lien should be promptly served by certified mail, return receipt requested, on all of the applicable parties listed in the notice of commencement. If not timely served, “to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service,” the lien may be void. Florida Statutes §713.08(4)(c). The filing of the claim of lien is not conditioned on the owner filing a Notice of Commencement. Even if the owner fails to file the Notice of Commencement, the lien must be served on the owner at any all available addresses. Florida States § 713.08(4)(c).
After the lien has been recorded, the lienor must commence a court action to foreclose the lien and recover for the work performed within one year from the date the lien is recorded. Florida Statutes § 713.22. The statutory scheme and interplay between F.S. §§713.21 and 713.22 allows an owner to choose a procedure to force a lienor to take action. F.S. §713.21(4) allows the owner or other party of interest to file a complaint and the lienor is required file an action to foreclose a claim of lien or, in the alternative, show cause why the lien should not be discharged within 20 days. F.S. §713.22(2) permits an owner to shorten the one-year period in subsection (1) of the statute down to a period of 60 days by recording a “Notice of Contest of lien” in the clerk’s office. By contesting the lien, the owner forces the lienor to file the action to enforce the lien. See Form FL-03202.
Demand for Copy of Contract and Statement of Account.
The Florida Statutes provide specific authorization for requests for copies of contracts and statements of account of the owner or any lienor upon written demand of an owner or lienor contracting with or employing the other party to such contract. Florida Statutes § 713.16(1). See forms Fl-03223 and FL-03224.
Also, the owner may demand in writing a sworn written statement of account showing the nature of the labor or services performed, or to be performed, or materials to be provided, or to be provided, details as to the amount paid, the amount due and the amount to become due as of the statement of the lienor. Florida Statutes § 713.16(2). See Forms FL-03207 and FL-03208.
Payment Bond
Under section 713.02(6), Florida Statutes, a property owner may require its contractor to provide a payment bond as provided in section § 713.23. See form FL-03216. Receipt of the payment bond exempts the property from lien claims by subcontractors. § 713.23(6), Under the statute, the bond must be: (1) furnished before “commencing the construction of the improvement under the direct contract;” (2) in an amount at least the contract price; (3) executed by a surety authorized to do business in this state; and (4) “conditioned that the contractor shall promptly make payments for labor, services, and material to all lienors under the contractor’s direct contract.” Thus, if an owner obtains a payment bond, the owner’s property is exempt from mechanics’ liens, and the subcontractors are protected by the payment bond.
The statute also imposes notice and time requirements. A copy of the bond must be attached to the notice of commencement when it is recorded. Florida Statutes § 713.23(1)(a). A subcontractor must give notice that it is relying on the bond for protection by giving notice to the contractor before or within 45 days of beginning to furnish labor, materials, or supplies. Florida Statutes § 713.23 (1)(c) and Form FL-02318. As a condition precedent to recovery under the bond, the subcontractor must serve written notice of nonpayment to the contractor and the surety not later than 90 days after it finally furnishes labor, services, or materials. Florida Statutes § 713.23 (1)(d). See Form FL-03232. A subcontractor may not institute suit against the contractor or surety unless the subcontractor has given both notices. § 713.23 (1)(e), Fla. Stat. A subcontractor has one year after completing its work within which to file an action on the bond. The contractor may elect to shorten the time within which an action to enforce a claim against a payment bond (and the § 713.245 Conditional Payment Bond) by recording a Notice of Contest of Claim Against Payment Bond. § 713.23(1)(e), Fla. Stat. See Form FL-03233.
Conditional Payment Bond.
Under Fl. Statutes § 713.23, the owner may be exempted from construction lien liability if the contractor furnishes a payment bond in an amount at least equal to the initial contract price. The payment bond must be attached to and recorded with the notice of commencement. But, if the written contract between the contractor and lienors (subcontractor) includes explicit “Pay When Paid” language, the duty of the contractor is conditioned on payment by the owner and the bond is called a “conditional” payment bond. The duty of the surety under the conditional payment bond can be similarly limited only if:
1. The bond is specified in the Notice of Commencement (Fl-03196) as a “conditional payment bond” and is recorded with the Notice of Commencement prior to the commencement of the project; and
2. The bond is clearly titled “conditional payment bond” at the top of the first page and contains the notice required under Fl. Statute §713.245(1)(c).
With ninety (90) days following the recording of a notice of claim for labor, services or materials for which the contractor has been paid, the owner or contractor may record the Notice of Bond (Fl-03220) specified in § 713.23(2), with an attached copy of the bond and the sworn statement “Certificate of Payment.” See Fl. Statutes § 713.245(4) and Form FL-03213. This transfers the lien from the property to the conditional payment bond to the extent of the owner-contractor payment. The contractor then has the option of joining in or contesting the Certificate of Payment. See Fl. Statute § 713.245(6) and (8). See also, forms FL-03215 Notice of Contest of Payment and FL-03214 Joinder in Certificate of Payment. If the contractor has not been paid as indicated, the Notice of Contest, executed under penalty of perjury, transfers the claim to the conditional payment bond.
Note: If the Notice of Bond is filed more than 90 days after the claim of lien, it must be signed by the owner and the surety and contractor or the lien can not be transferred to the bond.
Legal definition
Notarized Statement Regarding Notice of Commencement Form - Construction - Mechanic Liens - Individual
Note: This summary is not intended to be an all inclusive discussion of Florida’s construction lien laws, but does include the basic provisions.
Who may claim a construction lien in Florida?
Generally, Florida law provides that a contractor, subcontractor or material supplier (“lienor”) who provides labor, work, or materials for the improvement of private real property located within Florida has a lien on that property for the value of the materials, labor, or work provided. Florida Statutes § 713.02 and § 713.06.
Private property owners concerned about clouds on title can exempt their property from liens by securing a lien bond in anticipation of construction. See Florida Statutes § 713.23 (Payment Bond) and § 713.245 (Conditional Payment Bond). The lien bond substitutes for the property as security for the payment of a potential lienor. If the project is bonded, the lienor has a claim against the bond for the value of the work and/or the materials provided to improve the property. Owners can also transfer liens to bonds as they see fit after a lien is recorded. Florida Statutes § 713.24.
Perfecting Claim of Lien When the Lienor is in “privity” with the Owner.
Laborers and lienors in privity of contract with the owner – having a “one on one” direct contractual relationship with the Owner – has a fairly direct route to a lien. The owner obviously is aware of the contractual relationship with the claimant since they have a contract. That satisfies the general requirement of “notice.” See Florida Statutes § 713.05. Assuming the contract includes the required warning language required by Florida Statutes § 713.015, that satisfies the statutory notice requirement. At this point, the claimant usually has a valid contract and is in a position to start providing materials or services on the job site.
All claimants – whether laborers or those in privity of contract with the owner or not – must file a claim of lien in a timely fashion in order to protect their lien rights. See Florida Statutes § 713.08(1) and Form FL-03201 – Claim of Lien. Also, any lienor, except a laborer or materialman who has a direct contractual relationship with the owner, must furnish an affidavit like the one required of contractors under Florida Statutes § 713.06(3). See Florida Statutes § 713.05 and Forms FL-3200 “Contractor’s Final Payment Affidavit and FL-03237 “Final Payment Affidavit – One Other than Contractor”.
Perfecting Claim of Lien When the Lienor is NOT in “privity” with the Owner.
A lienor who is not in contractual “privity” (a direct contractual relationship) with the owner must satisfy several requirements before perfecting its right to a construction lien. First, the lienor must serve the owner with a “Notice to Owner.” See Florida Statutes § 713.06(2)(c) and Form FL-03198 . The purpose of the notice to owner is to alert the owner to the lienor’s presence on the job so that the owner can protect himself from the risk of paying over to the contractor monies which ought to go to an unpaid potential lienor who has previously provided work, labor, and/or materials. The owner can eliminate the possibility of paying twice for lienor’s work by requiring a lien waiver (partial or final) ensuring that the money paid the contractor ends up paid to the lienor providing notice. The lienor must serve a notice to owner within the earlier of (1) 45 days of first materials delivered to the project or work performed on the project or (2) before final payment is made by the owner in reliance on the final contractor’s affidavit. See Florida Statutes § 713.06(2)(a) and Form FL-03200. The notice to owner and other required notices under the Florida Construction Lien Law must either be served certified or registered mail return receipt requested or by actual delivery to the person to be served. Fla. Stat. §713.18.
The notice to owner must be sent in the form provided by §713.06(2)(c). A deviation from the statutory form may result in loss of the lienor’s rights. The Owner must be served even if the Owner is in fact aware that the lienor is on the job and providing services and/or materials. If the lienor is not in privity with the general contractor, it must also serve the contractor with the Notice to Owner. See Florida Statutes § 713.06(2)(a). The notice to owner should also be served on any lender identified in the notice of commencement because the lender may be obligated to seek lien waivers from lienors as progress payments are made.
A lienor who fails to recover a timely payment and who has complied with its notice to owner requirements may lien the owner’s property to obtain payment. To do so, the lienor must record a claim of lien in the public records of the county where the property is located within 90 days of the final furnishing of materials, labor, or work or at any time during performance. Florida Statutes § 713.08(5).
The claim of lien must also be in substantially the same form as that provided in §713.08(3). To record the claim of lien, the lien must be prepared, signed and notarized by the lienor and then taken to the clerk of court in the county where the property is located. There it will be recorded in the public records for a nominal fee. Florida Statutes § 713.08(5).
Following recording, the claim of lien should be promptly served by certified mail, return receipt requested, on all of the applicable parties listed in the notice of commencement. If not timely served, “to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service,” the lien may be void. Florida Statutes §713.08(4)(c). The filing of the claim of lien is not conditioned on the owner filing a Notice of Commencement. Even if the owner fails to file the Notice of Commencement, the lien must be served on the owner at any all available addresses. Florida States § 713.08(4)(c).
After the lien has been recorded, the lienor must commence a court action to foreclose the lien and recover for the work performed within one year from the date the lien is recorded. Florida Statutes § 713.22. The statutory scheme and interplay between F.S. §§713.21 and 713.22 allows an owner to choose a procedure to force a lienor to take action. F.S. §713.21(4) allows the owner or other party of interest to file a complaint and the lienor is required file an action to foreclose a claim of lien or, in the alternative, show cause why the lien should not be discharged within 20 days. F.S. §713.22(2) permits an owner to shorten the one-year period in subsection (1) of the statute down to a period of 60 days by recording a “Notice of Contest of lien” in the clerk’s office. By contesting the lien, the owner forces the lienor to file the action to enforce the lien. See Form FL-03202.
Demand for Copy of Contract and Statement of Account.
The Florida Statutes provide specific authorization for requests for copies of contracts and statements of account of the owner or any lienor upon written demand of an owner or lienor contracting with or employing the other party to such contract. Florida Statutes § 713.16(1). See forms Fl-03223 and FL-03224.
Also, the owner may demand in writing a sworn written statement of account showing the nature of the labor or services performed, or to be performed, or materials to be provided, or to be provided, details as to the amount paid, the amount due and the amount to become due as of the statement of the lienor. Florida Statutes § 713.16(2). See Forms FL-03207 and FL-03208.
Payment Bond
Under section 713.02(6), Florida Statutes, a property owner may require its contractor to provide a payment bond as provided in section § 713.23. See form FL-03216. Receipt of the payment bond exempts the property from lien claims by subcontractors. § 713.23(6), Under the statute, the bond must be: (1) furnished before “commencing the construction of the improvement under the direct contract;” (2) in an amount at least the contract price; (3) executed by a surety authorized to do business in this state; and (4) “conditioned that the contractor shall promptly make payments for labor, services, and material to all lienors under the contractor’s direct contract.” Thus, if an owner obtains a payment bond, the owner’s property is exempt from mechanics’ liens, and the subcontractors are protected by the payment bond.
The statute also imposes notice and time requirements. A copy of the bond must be attached to the notice of commencement when it is recorded. Florida Statutes § 713.23(1)(a). A subcontractor must give notice that it is relying on the bond for protection by giving notice to the contractor before or within 45 days of beginning to furnish labor, materials, or supplies. Florida Statutes § 713.23 (1)(c) and Form FL-02318. As a condition precedent to recovery under the bond, the subcontractor must serve written notice of nonpayment to the contractor and the surety not later than 90 days after it finally furnishes labor, services, or materials. Florida Statutes § 713.23 (1)(d). See Form FL-03232. A subcontractor may not institute suit against the contractor or surety unless the subcontractor has given both notices. § 713.23 (1)(e), Fla. Stat. A subcontractor has one year after completing its work within which to file an action on the bond. The contractor may elect to shorten the time within which an action to enforce a claim against a payment bond (and the § 713.245 Conditional Payment Bond) by recording a Notice of Contest of Claim Against Payment Bond. § 713.23(1)(e), Fla. Stat. See Form FL-03233.
Conditional Payment Bond.
Under Fl. Statutes § 713.23, the owner may be exempted from construction lien liability if the contractor furnishes a payment bond in an amount at least equal to the initial contract price. The payment bond must be attached to and recorded with the notice of commencement. But, if the written contract between the contractor and lienors (subcontractor) includes explicit “Pay When Paid” language, the duty of the contractor is conditioned on payment by the owner and the bond is called a “conditional” payment bond. The duty of the surety under the conditional payment bond can be similarly limited only if:
1. The bond is specified in the Notice of Commencement (Fl-03196) as a “conditional payment bond” and is recorded with the Notice of Commencement prior to the commencement of the project; and
2. The bond is clearly titled “conditional payment bond” at the top of the first page and contains the notice required under Fl. Statute §713.245(1)(c).
With ninety (90) days following the recording of a notice of claim for labor, services or materials for which the contractor has been paid, the owner or contractor may record the Notice of Bond (Fl-03220) specified in § 713.23(2), with an attached copy of the bond and the sworn statement “Certificate of Payment.” See Fl. Statutes § 713.245(4) and Form FL-03213. This transfers the lien from the property to the conditional payment bond to the extent of the owner-contractor payment. The contractor then has the option of joining in or contesting the Certificate of Payment. See Fl. Statute § 713.245(6) and (8). See also, forms FL-03215 Notice of Contest of Payment and FL-03214 Joinder in Certificate of Payment. If the contractor has not been paid as indicated, the Notice of Contest, executed under penalty of perjury, transfers the claim to the conditional payment bond.
Note: If the Notice of Bond is filed more than 90 days after the claim of lien, it must be signed by the owner and the surety and contractor or the lien can not be transferred to the bond.
Sorry, this device is not supported
Please open this page on your desktop computer.