A Florida Notice of Commencement is a legal document that is used to protect lien rights on a construction project. It notifies potential claimants of the beginning date of the project and the names of those involved in the project. This document is typically filed with the local county clerk's office and with the building department in the county or municipality where the project is located. The Notice of Commencement must be filed before any construction begins. There are two different types of Florida Notice of Commencement. The first type is a Preliminary Notice of Commencement, which is filed before construction begins and provides general information about the project. The second type is a Final Notice of Commencement, which is filed after construction is complete. This document identifies the contractor and any subcontractors, lists the materials used, includes the date construction began and ended, and provides a detailed description of the project. Both types of documents are important to provide legal protection for those involved in the project.
Florida Notice of Commencement
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How to fill out Florida Notice Of Commencement?
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FAQ
The lien laws in Florida explicitly require the property owner or the general contractor to file a notice of commencement. And in Florida, the Notice of Commencement is the starting point for the mechanic's lien process.
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
§ 713.13(6), Fla. Stat. However, if the Notice of Commencement has not expired, an owner can terminate a Notice of Commencement, if the construction project is complete, or a part of the project is complete, and all lienors have been paid in full.
While not required in some states, not filing the Notice of Commencement in Florida can unfavorably affect your lien rights in the state. A Notice of Commencement is a form that is filled out, recorded, and notarized by the owner of the property.
Is a Notice Required? The property owner or property owner's agent is the one who must file the Notice of Commencement. Florida law states that a Notice of Commencement must be submitted to the clerk's office in order to apply for a building permit with contracts having a value greater than $2,500.
Generally speaking, a Notice of Commencement is a form publicly filed in county records to signify that a construction project is beginning. The form contains information identifying the people involved with the project, such as who the property owner and construction lender are.
Filing a Notice of Commencement The Notice must be filed before a project begins, but no more than 90 days before a project begins. But, failing to begin the project within 30 days of recording the Notice will void it.
Generally speaking, a Notice of Commencement can be found in one of two places: posted at the construction site in an easy to see place, or. filed with the Assessor's office in the county where the project is located.