Services

Notice to Owner

A Notice to Owner (NTO) is a written notice prescribed by Florida Statute (713.06) that officially advises the owner of an improvement that the sender, usually a subcontractor or supplier not dealing directly with the owner, is looking to the owner to be sure the sender is paid before payment is made to the contractor on the job.

Florida Statute (713.06), requires that a Notice to Owner be served on the improvement owner not later than 45 days from the date of first labor, services, or materials delivered to the job site as a prerequisite to secure the sender's right to lien the property in the event the sender is not properly paid for work done at the property.

This notice gives the owner the opportunity to verify that the sender is paid, usually by obtaining a “release of lien" by the sender of the notice when payments are made to the contractor, so that the owner monitors downstream payments and is not later surprised with a lien against the property from someone with whom the owner does not have a contract.

Serving a Notice to Owner on every job is a good business practice. Viewed as a basic “cost of doing business", a Notice to Owner will: improve cash flow by helping to be sure you get paid, establish good communication between your business and those making/securing the payments, and protect your right to payment by securing your right to lien a property should the need arise.

We offer all services regarding Notice to Owner services. With over 29 years of experience, South Florida Contractor Services, Inc. will work to ensure and protect your right to get paid.

Claim of Lien Forwarding

Florida Statute (713.08) states: A claim of lien is a verified document that is recorded in the public records. It provides actual notice to the public of the lienor's claim against the property for the amount unpaid in improving the property. The claim of lien must be recorded not later than 90 days from the last performance of work or delivery of materials under the contract at the site, excluding warranty work. Note that 90 days is not exactly three months. A copy must be served upon the owner within 15 days of recording. Failure to serve the copy is a defense only to the extent that the owner can show harm resulting from failure to timely serve the copy.

Our Lien forwarding service ensures your Lien will be completed accurately and recorded in the appropriate time frame.

Notice of Non-Payment:

Florida Statute (713.23) states: a lienor is required, as a condition precedent to recovery under the bond, 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.

The time period for serving a written notice of nonpayment shall be measured from the last day of furnishing labor, services, or materials by the lienor and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. The failure of a lienor to receive retainage sums not in excess of 10 percent of the value of labor, services, or materials furnished by the lienor is not considered a nonpayment requiring the service of the notice provided under this paragraph.

If the payment bond is not recorded before commencement of construction, the time period for the lienor to serve a notice of nonpayment may at the option of the lienor be calculated from the date specified in this section or the date the lienor is served a copy of the bond. However, the limitation period for commencement of an action on the payment bond as established in paragraph (e) may not be expanded.

Recording Services:

South Florida Contractor Services, Inc. offers complete electronic recording services in all Florida counties. Save time and labor by not having staff wait countless hours at recoding offices. Use this service to ensure a better use of employee's time. Call 954-724-4440 for pricing.

Partial and Final releases.

SFCS offers self-serve 24/7 service for you to complete this requirement any time you want and print at your location.

Florida Statute (713.20) states: Any person may at any time waive, release, or satisfy any part of his or her lien under this part, either as to the amount due for labor, services, or materials furnished or for labor, services, or materials furnished through a certain date subject to exceptions specified at the time of release, or as to any part or parcel of the real property.

A person may not require a lienor to furnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5) of Florida statute 713.20

A lienor who executes a lien waiver and release in exchange for a check may condition the waiver and release on payment of the check. However, in the absence of a payment bond protecting the owner, the owner may withhold from any payment to the contractor the amount of any such unpaid check until any such condition is satisfied.

Waivers of Right to Claim Against Payment Bond: Partial and Final forms.

SFCS offers self-serve 24/7 service for you to complete this requirement any time you want and print at your location.

713.235 states:
When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, a progress payment. When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, the final payment, the waiver may not be different than the forms provided in this section.

Sworn Statement of Account:

SFCS offers self-serve 24/7 service for you to complete this requirement any time you want and print at your location. The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor.

Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor and must include a description of the property and the names of the owner, the contractor, and the lienor's customer, as set forth in the lienor's notice to owner. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner.

The failure or refusal to furnish the statement under oath within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien.

The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed before the date the demand for statement is received by the lienor.