Notice of Commencement
Definition:
A Notice of Commencement (NOC) is a legal document filed at the start of a construction project to formally announce the beginning of work on a property. It provides essential information about the project, including the property owner, contractor, and lender, and helps establish the priority of lien rights for contractors, subcontractors, and suppliers. In Florida, filing this notice is mandatory for most construction projects exceeding a certain value. It ensures transparency and protects both property owners and contractors throughout the construction process.
Notice of Commencement Information
The Notice of Commencement serves as a public record that construction has officially begun on a property. It includes the project’s address, a description of the work, and contact information for key parties involved. This notice must be signed by the property owner (or their agent) and recorded with the county clerk before work begins or materials are delivered. It remains effective for one year unless an earlier expiration date is specified. The NOC helps establish a clear timeline for lien rights, ensuring that subcontractors and suppliers are aware of where to send notices to protect their payment rights.
Florida Legal Definition
Under Section 713.13, Florida Statutes, a Notice of Commencement is a document recorded in the public records of the county where the property is located, declaring that improvements are being made. Florida law requires property owners or their agents to post a certified copy of the NOC at the job site and provide a copy to the general contractor. The notice must contain specific details, including the property description, owner’s name and address, contractor’s information, and lender’s name (if applicable). Failure to record or post a proper NOC can delay work and affect lien rights.
How It’s Used in Practice
In practice, the Notice of Commencement is one of the first steps before construction begins on any significant project in Florida. Property owners record the notice with the county and post it prominently at the job site. Contractors, subcontractors, and suppliers rely on the information in the NOC to send preliminary notices and secure their right to file liens if unpaid. Without a valid NOC, lien rights may not attach properly, and payments could be delayed. Lenders also require a recorded NOC before releasing construction funds to ensure compliance with Florida lien laws.
Key Takeaways
- A Notice of Commencement formally declares the start of a construction project.
- It must be recorded in the county’s public records and posted at the job site before work begins.
- Florida law mandates compliance under Section 713.13, Florida Statutes.
- The NOC identifies key project parties and establishes lien rights and payment protections.
- Failure to record or properly post a Notice of Commencement can delay construction or invalidate lien rights.
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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