Question 1

What is a notice to owner in Florida construction?

Accepted Answer

A notice to owner (NTO) is a notice that a subcontractor, sub-subcontractor, or material supplier must serve on the property owner to protect their construction lien rights under Chapter 713. The NTO must be served within 45 days of first furnishing labor, services, or materials to the project (Section 713.06(2)). If the NTO is not served timely: the lienor’s lien rights are limited to the amounts not paid by the owner at the time the NTO is eventually served.

Question 2

What information must a Florida NTO contain?

Accepted Answer

Required content: the lienor’s name and address, a description of the labor, services, or materials furnished, the property description (or address), the name of the person who contracted with the lienor (typically the general contractor or a subcontractor), and the following statutory warning: "THIS IS NOT A LIEN. This is a notice to you that the undersigned has furnished or has been contracted to furnish labor, services, or materials..." (Section 713.06(2)(d)). The NTO must be served on: the owner, the contractor, and the lender (if identified in the NOC).

Question 3

How is a Florida NTO served?

Accepted Answer

Service: the NTO may be served by: certified mail (return receipt requested; the most common method), personal delivery, or statutory service (leaving a copy at the person’s usual place of business with a person in charge). Proof of service: the lienor should retain: a copy of the NTO, the certified mail receipt (green card), and any other proof of delivery. The NTO is effective when received (or when first attempted delivery if the recipient refuses or is unavailable). Best practice: serve the NTO as soon as possible after first furnishing (do not wait until the 45-day deadline).

Notice to Owner

Notice to Owner (NTO) in Florida Construction

Deadline

Required Content

Service

Related Terms

Barnes Walker Construction Law

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