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zlienrsquos Master Guide To The

FLORIDANotice to Owner Requirements

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Those Who Did Not Contract With Owner

Must Send NTOWHOGeneral Rule Everyone Must Send A Notice to Owner

Exception 1 Contract Direct with OwnerIncluding the ownerrsquos ldquoagentrdquo or a general contractor who shares a ldquocorporate entityrdquo with the owner

Exception 2 LaborersPerforming labor only at the site and not providing any materials

Exception 3 ProfessionalsArchitects engineers land surveyors mappers and landscape architects

Exception 4 Site workWork done to the job site itself to make it suitable for building

Floridarsquos Notice to Owner Requirements

Read more Exceptions to the Florida Notice to Owner Requirement

MUST SEND

2

Those Who Did Not Contract With Owner

Must Send NTOWHOGeneral Rule Everyone Must Send A Notice to Owner

Exception 1 Contract Direct with OwnerIncluding the ownerrsquos ldquoagentrdquo or a general contractor who shares a ldquocorporate entityrdquo with the owner

Exception 2 LaborersPerforming labor only at the site and not providing any materials

Exception 3 ProfessionalsArchitects engineers land surveyors mappers and landscape architects

Exception 4 Site workWork done to the job site itself to make it suitable for building

Floridarsquos Notice to Owner Requirements

Read more Exceptions to the Florida Notice to Owner Requirement

MUST SEND

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The NTO Must Be Sent To Specific Parties

The NTO must always be sent to the Property Owner and the General Contractor

If there is a named lender there are benefits to sending the NTO to the lender

Suppliers who contracted with a sub-subcontractor must deliver the NTO to the subcontractor if known

mdash

The party sending a NTO can rely on the publicly filed Notice of Commencement or if there is none on the building permit to get the identification of these parties If the parties are not identified or incorrectly identified in public records that is the problem and risk of the owner

Floridarsquos Notice to Owner Requirements

Read more Florida Notice to Owner Senders Can Rely on Publicly Available Information in Notice of Commencement

WHOMUST RECEIVE

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Must Send The NTOWithin 45 DaysWHEN

Floridarsquos Notice to Owner Requirements

Must Delivery the Notice to Owner within the earlier date of

(a) 45 Days after first providing labor or materials

(b) 45 days after work begins on making specialty materials

(c) Before ownerrsquos final payment to prime contractor under prime contract or for sub-subcontractors before final payment to the subcontractor

Read more Florida Notice to Owner Requirements

Speciality Fabricated Materials Special Rules

You can send Florida NTOs earlyhellipbut not late

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What Data You Need To Put on the NTOWHAT

Floridarsquos Notice to Owner Requirements

Read more Florida Code sect 71306

Download Copy of Florida Notice To Owner Form

What information must be contained in the NTO

(a) The lienorrsquos senderrsquos name and address

(b) A description sufficient for identification of real property

(c) The nature of the services or materials furnished or to be furnished

(d) Identification of the party who hired the lienor sender

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Send NTO Certified Mail w Return

Receipt RequestedHOWFlorida NTOs should be sent by US Certified Mail with Return Receipt Requested

Itrsquos important to get the return receipt because the law infers that the sender will carry the burden to prove receipt of the document

Floridarsquos Notice to Owner Requirements

Read more How to Send a Notice to Owner - Certified Mail or Certified Mail Return Receipt

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