Question 1

What is a notice of commencement affidavit?

Accepted Answer

The NOC affidavit is the sworn component of the notice of commencement in which the property owner certifies: the accuracy of the information in the NOC (owner, contractor, lender, property description), that the owner has not received any notices from potential lienors, and that no work has been performed prior to the recording of the NOC (or if work has been performed, identifying the work and the parties involved). The affidavit must be signed by the owner (or the owner’s authorized representative) and notarized.

Question 2

What is the relationship between the NOC affidavit and construction liens?

Accepted Answer

Lien relationship: the NOC affidavit establishes the starting point for the construction lien process. Once recorded: subcontractors and material suppliers must serve a "notice to owner" (NTO) within 45 days of first furnishing labor or materials to protect their lien rights (Section 713.06(2)). The NTO must be served on the owner and other parties identified in the NOC. If the NOC is not recorded: the NTO requirements are modified, and the subcontractor’s lien rights may be broader. The NOC affidavit creates a structured process that protects both the owner and the subcontractors.

Question 3

Can a Florida NOC be amended or terminated?

Accepted Answer

Amendment/termination: amendment: the owner can file an amended NOC if the information changes (new contractor, new lender, etc.). Termination: the owner can file a notice of termination (Section 713.132) to terminate the NOC: the notice of termination must be recorded, the termination is effective 30 days after recording (during which time any contractor with an interest can file a lien), and after the 30-day period, no new lien rights attach to the property under the terminated NOC. Termination is commonly used when: the project is substantially complete, the original contractor has been terminated and replaced, or the project has been abandoned.

Notice of Commencement Affidavit

Notice of Commencement Affidavit

Certifications

Lien Framework

Amendment/Termination

Related Terms

Barnes Walker Construction Law

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