Question 1

What is a notice of commencement?

Accepted Answer

A notice of commencement (NOC) is a document filed by a property owner before starting a construction project. In Florida (Section 713.13): the NOC must be recorded in the county’s official records before any work begins. The NOC provides: public notice that construction is being performed on the property, information about the owner, contractor, and lender, and a legal framework for construction lien rights (subcontractors and suppliers use the NOC information to protect their lien rights).

Question 2

What information must a Florida NOC contain?

Accepted Answer

Required information: the legal description of the property, the property owner’s name and address, the contractor’s name and address, the surety bond information (if applicable), the lender’s name and address, the person designated by the owner to receive notices (the "designee"), a description of the improvement, and the expiration date (the NOC is effective for 1 year from the recording date, unless renewed). The owner must also post a certified copy of the NOC at the job site in a conspicuous location.

Question 3

What happens if a Florida property owner does not file a NOC?

Accepted Answer

Failure to file: the owner loses certain protections (the NOC allows the owner to set up a defense against lien claims by ensuring that the owner receives notice of potential lienors through the notice to owner process), subcontractors and suppliers may still have lien rights (the absence of an NOC does not eliminate lien rights; it may actually make it easier for lienors to file liens because the notice to owner requirements are relaxed), and the owner may not be able to defend against lien claims (the owner cannot argue that they did not receive proper notice). Filing the NOC is a critical first step in any Florida construction project.

Notice of Commencement

Notice of Commencement (NOC)

Requirements

Required Content

Without NOC

Related Terms

Barnes Walker Construction Law

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