Notice To Owner
When must a Notice to Owner be SERVED?

Florida Statute (713.06) requires that The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1. Specially fabricated materials must be served not later than 45 days from FABRICATION START.

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How long is the process before the Notice to Owner is sent out?

It usually takes 2-3 Days to process and send out the Notice. Sometimes a Notice of Commencement or Bond is required in which case it may take longer depending on availability.

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Claim of Lien/Notice of Non-payment
When must a Lien must be RECORDED?

Florida Statute (713.08) states :The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor. However, if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first.

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When must a Notice of Non-payment must be SERVED and to WHOM.

Florida Statute (713.23) states: A lienor is required to serve a written notice of nonpayment to the contractor and the surety not later than 90 days after the final furnishing of labor, services, or materials by the lienor. A written notice satisfies this condition precedent with respect to the payment described in the notice of nonpayment, including unpaid finance charges due under the lienor’s contract, and with respect to any other payments which become due to the lienor after the date of the notice of nonpayment.

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What is the difference between a Notice of Non-payment and a Claim of Lien?

A Notice of Non-Payment is a Notice sent primarily to the Surety company and contractor to make a claim on bonded projects, public or private. Some instances require recording a Claim of Lien in addition to serving a Notice of Non-payment.

A Claim of Lien is a document recorded at the clerk’s office within the county that the project is located.  Primarily in the absence of a payment or performance bond.

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How long after the Notice to Owner is received do you have to wait before you can record a Claim of Lien on the project?

You may record a Claim of Lien as soon as the Notice to Owner is received.

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Can I add interest or late payment fees to the amount owed on the Claim of Lien/Notice of Non-payment?

Florida Statute (713.08)(713.23) states: The amount unpaid the lienor for such labor or services or materials and for unpaid finance charges due under the lienor’s contract.

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What is the next step after filing a Claim of Lien or sending a Notice of Non-payment?

Again, it is customary go give time to the Owner or hiring contractor time to address the issue. However, after this point consult an attorney for more information concerning your legal options.

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