Question 1

What are the statutory requirements for a Florida NOC?

Accepted Answer

Section 713.13 requirements: the NOC must include: property description (legal description or street address sufficient to identify the property), owner information (name, address, interest in the property), contractor information (name, address, license number), surety information (if a payment bond is posted: surety name, bond amount, phone number), lender information (name, address), designee (person designated by the owner to receive NTOs; name, address), and the improvement description.

Question 2

What is the "designee" on a Florida NOC?

Accepted Answer

Designee: the owner must designate a person to receive notices to owner (NTOs) from subcontractors and suppliers. The designee is typically: the owner, the owner’s attorney, the general contractor, or a construction manager. The designee’s contact information must be included on the NOC so that subcontractors and suppliers know where to send their NTOs. If the designee information is incorrect or incomplete: NTOs sent to the correct address may still be valid, but the owner may not receive important notices about potential lienors, creating exposure to undisclosed lien claims.

Question 3

What are common errors in Florida NOC filings?

Accepted Answer

Common errors: wrong property description (the legal description does not match the actual property), wrong contractor (the NOC lists a contractor who is not performing the work), missing or incorrect surety information (if a bond is posted but not listed on the NOC, subcontractors may not know they can claim against the bond), expired NOC (the owner does not renew the NOC before the 1-year expiration), late filing (work begins before the NOC is recorded), and failure to post at the job site (the certified copy must be posted conspicuously). Each error can weaken the owner’s position and expand lienors’ rights.

Notice of Commencement Requirements

Florida Notice of Commencement Requirements

Required Content

Designee

Common Errors

Related Terms

Barnes Walker Construction Law

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