Miami-Dade Florida Owner's 10-Day Notice to Contractor of Intent to Pay Lienors - Corporation or LLC

State:
Florida
County:
Miami-Dade
Control #:
FL-03226A
Format:
Word; 
Rich Text
Instant download

Description

This Owner's 10-Day Notice to Contractor of Intent to Pay Lienors form is for use by a corporate or LLC owner to inform the contractor with ten days' notice and before the owner pays any money directly to any lienor except the contractor or any laborer, that the owner intends to make payments directly to listed lienors in specific amounts.

The Miami-Dade Florida Owner's 10-Day Notice to Contractor of Intent to Pay Sailors — Corporation or LLC is an important legal document that serves as a notice to contractors about the intention of the property owner to make payments to sailors. This notice is specifically designed for corporations or limited liability companies (LCS) operating within Miami-Dade County, Florida. As per Florida state law, in order to protect the property owner from potential double payment liability, the owner is required to provide a notice to the contractor stating their intention to pay any unpaid sailors directly. This notice serves as a precautionary measure and ensures that the sailors, who have provided labor, materials, or services for the project, will receive their rightful payment before the contractor. The Miami-Dade Florida Owner's 10-Day Notice to Contractor of Intent to Pay Sailors — Corporation or LLC includes the following essential information: 1. Parties Involved: The document clearly identifies the property owner (corporation or LLC) as well as the contractor who is responsible for the construction project. 2. Project Details: The notice provides specific details about the project, including its location and the nature of the work being performed. 3. Lie nor Information: The notice lists all unpaid sailors who have provided labor, materials, or services for the project. It includes their names, addresses, and the amount owed to each individual or company. 4. Intent to Pay Sailors Directly: The notice states the property owner's intention to pay any outstanding sailors directly, bypassing the contractor. This ensures that the sailors receive their funds without any delay or complications. 5. Timeframe: The document outlines a 10-day period within which the contractor must resolve any outstanding payment issues with the identified sailors. If the contractor fails to do so, the property owner has the right to directly pay the sailors without incurring any liability. The Miami-Dade Florida Owner's 10-Day Notice to Contractor of Intent to Pay Sailors — Corporation or LLC is a crucial mechanism that protects the interests of all parties involved in a construction project in Miami-Dade County. It allows sailors to secure their payment directly from the property owner if the contractor fails to meet their obligations. Different types or versions of this notice may exist, but the primary distinction lies in the entity type of the property owner. While this description focused on corporations or LCS, there may be separate notices for other types of entities, such as sole proprietorship or partnerships, each tailored to meet the specific legal requirements in Miami-Dade County.

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FAQ

Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.

Your Florida NTO is not considered valid unless it is received by the 45th day, which means you must leave time for the NTO to reach not only the owner, but all required recipients.

A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.

A Notice to Owner (NTO) is a written notice prescribed by Florida Statute (713.06) that officially advises the owner of an improvement that the sender, usually a subcontractor or supplier not dealing directly with the owner, is looking to the owner to be sure the sender is paid before payment is made to the contractor

Florida contractors and suppliers must generally send a preliminary notice within the first 45 days on a construction project. In Florida, preliminary notice is called a Notice to Owner, or NTO.

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.

A Florida mechanics lien must be in the proper format and filed in the county recorder's office in the county where the property is located within the required timeframe. To record a lien in Florida, you will need to bring your completed Claim of Lien form to the recorder's office and pay the filing fee.

IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.

No, the Notice of Commencement in Florida does not need to be terminated or released, and there is no process for filing a ?Notice of Completion? or any other document to signify that the project has been completed.

More info

This Notice of Intent to Lien form can be downloaded and used to help speed up payment on a construction project in Florida. All lienors have been paid in full or prorata in accordance with Section 713.06(4), Florida Statutes. 5. Asap Restoration Corporation (Miller) v. Florida recognizes a cause of action in the construction context for breach of contract claims. See. Metrics Systems Corporation v. In Southeast Construction, LLC v. Intent to lien form florida. Please stand by, while we are checking your browser. APR Co. Ltd. vs. Fiorano.

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Miami-Dade Florida Owner's 10-Day Notice to Contractor of Intent to Pay Lienors - Corporation or LLC