St. Petersburg Florida Notice Of Recommencement Form - Construction - Mechanic Liens - Individual

State:
Florida
City:
St. Petersburg
Control #:
FL-03211
Format:
Word; 
Rich Text
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Description

If construction ceases before completion and the owner desires to recommence construction, he or she may pay all lienors in full or pro rata in accordance with s. 713.06(4) prior to recommencement in which event all liens for the recommenced construction shall take priority from such recommencement; or the owner may record an affidavit in the clerk's office stating his or her intention to recommence construction and that all lienors giving notice have been paid in full except those listed therein as not having been so paid in which event 30 days after such recording, the rights of any person acquiring any interest, lien or encumbrance on said property or of any lienor on the recommenced construction shall be paramount to any lien on the prior construction unless such prior lienor records a claim of lien within said 30-day period. A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the individual owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13. See 713.07 Priority of liens.


The St. Petersburg Florida Notice of Recommencement Form is an essential document used in construction projects to protect the rights of contractors, subcontractors, and suppliers. It acts as a legal notice to inform interested parties that work on a specific project is recommencing. By filing this form, individuals involved in construction can strengthen their mechanic lien rights and ensure prompt payment for their services. Here are some key details about the St. Petersburg Florida Notice of Recommencement Form Constructionio— - Mechanic Liens - Individual: 1. Purpose: The Notice of Recommencement Form is used to provide notice to all interested parties, such as property owners, contractors, and lenders, that construction activity is resuming. It establishes the date of recommencement and helps ensure that future payments are handled appropriately. 2. Importance of the Form: Filing the Notice of Recommencement is crucial in preserving the right to a mechanic's lien. It protects the contractor, subcontractor, or supplier from potential payment delays or non-payment issues during the construction project. The form creates transparency in the payment process, reducing the likelihood of disputes and ensuring fair compensation. 3. Contents of the Form: The St. Petersburg Florida Notice of Recommencement Form typically includes essential information such as the project name, property owner's name, project location, contractor's name and address, and lender's name and address. Additionally, it states the recommencement date and the expiration date of the notice. 4. Types of Notice of Recommencement Forms: There are various types of Notice of Recommencement Forms specific to different entities involved in construction projects. These include: a. Notice of Recommencement Form for Individual Contractors b. Notice of Recommencement Form for Subcontractors c. Notice of Recommencement Form for Material Suppliers 5. Filing Requirements: To be valid, the Notice of Recommencement Form must be recorded with the clerk of the circuit court of the county where the project is located. Certain filing fees may apply, so it's important to check with the appropriate county clerk's office for specific requirements. 6. Time Limitations: To maintain its effectiveness, the Notice of Recommencement must be filed within a specific timeframe. In St. Petersburg, Florida, it should be recorded before or within 90 days of recommencing work. Failure to file within this period could result in a loss of lien rights. In conclusion, the St. Petersburg Florida Notice of Recommencement Form serves as a vital tool in the construction industry to safeguard the rights of contractors, subcontractors, and suppliers. By following the necessary procedures and submitting the form within the prescribed timeline, individuals involved in construction projects can significantly improve their chances of receiving timely and proper payment.

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FAQ

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.

In Florida, the deadline to file a mechanics lien is 90 days from last furnishing labor or materials to the project. The claimant must serve a copy of the lien on the property owner within 15 days after filing the lien.

(6) Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, a notice of commencement is not effectual in law or equity against a conveyance, transfer, or mortgage of or lien on the real property described in the notice, or against creditors or subsequent purchasers for a

A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.

Here's the short answer: In Florida, all contractors, subcontractors, material suppliers, and vendors who did not contract directly with the property owner must send a Notice to Owner.

You can obtain a recorded copy of your lien from the Pinellas County Clerk's office in person. Pinellas County Official Records are available to view online for General Public Access at: .

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. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials (but before owner's final payment to the contractor). A lien cannot be enforced unless the lienor has served the Notice to Owner as described above.

Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Florida, they are frequently successful at producing payment (without having to take the next step of filing a lien).

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St. Petersburg Florida Notice Of Recommencement Form - Construction - Mechanic Liens - Individual