Florida Putting It All Together - Notice Provisions

State:
Multi-State
Control #:
US-ND1515
Format:
Word; 
PDF
Instant download

Description

This form brings together several boilerplate contract clauses that work together to establish the requirements, procedures, and effectiveness of notice given under the terms of a contract agreement. Both short and detailed examples are included to suit individual needs and circumstances.

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FAQ

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner.

Lienors who are not in privity, or in a direct contract with the owner must serve the Notice to Owner within 45 days of the initial service or material provided and prior to final payment being made. This timeline is often missed, and warrants a lien invalid.

In Florida, your Notice to Owner needs to be mailed within 45 days of when you completed your service or when you last received a payment. The notice must be served on the owner before filing the lien or within 15 days after you have filed the lien.

What information must be provided in the Florida NTO? Property owner(s) name & address. Owner designee name & address (if any) General contractor name & address. A ?general description? of the materials and/or work being provided to the job. Property description where the job is located. Hiring party's name & address.

If the construction lender screws it up or doesn't get the notice filed, the construction lender must protect the owner against any liens and against the risk of paying twice.

Notices of Commencement are required in Florida. Property owners must get them filed. The only exception is when there is a construction lender on the job, in which event, the property owner is relieved from this duty and the construction lender must make the filing.

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.

Notice of Commencement Requirements Legal description of the property and complete address; A description of what improvements will be made to the property; Owner's name and address. ... The contractor's information; The surety's information (including bond amount); The lender's information;

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Florida Putting It All Together - Notice Provisions