Question 1

What is the Florida statutory form for the notice of commencement?

Accepted Answer

Statutory form: Section 713.13(1)(a) provides a statutory form that includes: "WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713..." and the following fields: description of improvement, description of property, owner name and address, fee simple title holder (if different from owner), contractor name and address, surety (name, amount, phone), lender name and address, and person designated to receive NTOs. The statutory form ensures compliance with all statutory requirements.

Question 2

How long is a Florida NOC effective?

Accepted Answer

Duration: the NOC expires 1 year from the recording date (Section 713.13(2)). The owner can extend the NOC by: recording an amendment (before the NOC expires) extending the effective period for an additional year. If the NOC expires during construction: lienors who furnished work after the expiration may file liens without serving a notice to owner, the owner should record a new NOC to re-establish the notice framework, and any existing lien rights are not affected by the expiration.

Question 3

What is the relationship between the NOC and progress payments?

Accepted Answer

Payment relationship: the NOC includes a warning to the owner about improper payments. Under Section 713.06(3)(h): after receiving a notice to owner (NTO) from a subcontractor or supplier, the owner should not make progress payments to the contractor without: obtaining a partial lien release from the NTO filer, or verifying that the contractor has paid the NTO filer. Payments made without these protections are "improper payments" and may not protect the owner from lien claims. The NOC creates the framework for this payment protection process.

Notice of Commencement: in Florida

Florida Notice of Commencement

Statutory Form

Duration

Payment Protection

Related Terms

Barnes Walker Construction Law

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