Notice of Commencement Affidavit Information
The affidavit includes details such as the property description, the names and contact information of the owner, contractor, and lender, and the estimated cost and duration of the project. Filing this notice protects property owners from lien claims by subcontractors or suppliers by establishing a formal record of the project’s start date. It also ensures compliance with state lien laws and helps maintain transparency in construction projects.
Florida Legal Definition
In Florida, a Notice of Commencement Affidavit is governed by **Florida Statutes Chapter 713**, which regulates construction liens. Florida law requires the property owner or their agent to record the notice with the county clerk before beginning construction. The notice must include specific information as outlined in the statute and is effective for establishing lien rights for contractors, subcontractors, and suppliers. Filing the affidavit properly is critical for legal protection and dispute resolution.
How It’s Used in Practice
In practice, the property owner or general contractor prepares the Notice of Commencement Affidavit and records it with the county clerk before any construction activity begins. Contractors, subcontractors, and suppliers reference the notice to verify lien rights and payment responsibilities. The affidavit also protects the property owner by limiting the time frame for filing claims against the property. Title companies and lenders may require a recorded notice before funding construction or closing real estate transactions.
Key Takeaways
- A Notice of Commencement Affidavit officially declares the start of a construction project and provides public notice.
- It includes property description, owner, contractor, and lender information, as well as project cost and duration.
- In Florida, it is governed by Florida Statutes Chapter 713 and must be recorded with the county clerk.
- Filing the notice protects property owners from lien claims and establishes legal lien rights for contractors and suppliers.
- It is a key document for transparency, legal compliance, and dispute prevention in construction projects.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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