[emacon]

I own a business and I am going to send a customer a notice to owner. What I noticed is their is no place to put the amount owed. Am I missing something. I am in Florida.

Thanks

[lrolf]

No, you aren't missing anything. An NTO does not address specific dollars for a project. A Notice to Owner (NTO) is a formal document notifying the owner that you will be working on the owner's project and that if you are not paid for your work that you intend to record a Claim of Lien against the property to assist collect those unpaid sums. The NTO must be in the form provided in §713.06, Florida Statutes, and provide following information:

• The name and address of the project owner as reflected in the Notice of Commencement (which should be posted at the job site);
• A description of the work that you will be providing;
• A property description, as reflected in the Notice of Commencement; and
• The name of the person or entity that hired you to work on the project.

The form warns the owner that if the general contractor fails to pay you that you will record a Claim of Lien against the owner's property – even if the owner has already paid the contractor in full, i.e. the owner could end up paying twice for the labor, materials and services that you provided on the project.

[emacon]

1) Can I still file a lien if I do not have a Notice of Commencement filed? If the answer is no what would happen if I do file it anyway?

2) How long do I have to wait to file a lien after I send out the Notice to owner?

Thanks

[lrolf]

The Notice to Owner is the document that needs to be delivered to the owner within 45 days of the job start date. You might find http://www.workvillage.com/what-is-a-notice-to-owner.aspx helpful in answering your questions.

[emacon]

Thanks, but what if you are a type of company that provides monthly service such as a pool company who does weekly work? No building permit or notice of commencement. Can I still send a notice to owner and then file a lien?

[lrolf]

I will get more specific information for you on this question. As a non-attorney, I can't give you legal advice on when you can file a lien.

[lrolf]

According to our legal counsel, if your contract is directly with the owner, then no NTO is required. You can file a claim of lien within 90 days of last doing work for your customer.

Florida notice to owner and lien form online preparation for the construction industry.

[emacon]

Thanks for all your help. Can I send a NTO to someone who did not sign a notice of commencement or where a building permit was not obtained/required? Also, how long do I have to wait to file the lien after I send the NTO?

I did not see the answers on the link you gave me.

Thanks again.

[lrolf]

Yes, you can send an NTO even if there is no Notice of Commencement or bulding permit. The claim of lien must be filed within 90 days of your last performing work. There is no waiting period between the time the NTO is sent and the claim of lien filed.

Hope this helps!