A Notice to Owner is a prerequisite to filing a claim of lien. It must be sent by anyone NOT working directly for the owner. The only exceptions are laborers, professionals and those making subdivision improvements, these parties are not required to file a Notice to Owner. The Notice to Owner puts the owner on notice to get a release of lien from those companies filing a Notice to Owner every time they pay their contractor to protect the owner from paying twice. This notice must be received by the owner/tenant** and general contractor by the 45th day from the first day on the job, or mailed by the 40th day from the first day on the job. All parties listed on the Notice of Commencement are also served. When a company is providing prefabricated materials that can only be used on the property it was ordered for the first day runs from the first day of prefabrication. Sunshine Notices, Inc. sends all necessary parties by certified mail and/or regular mail, and maintains a certified mail manifest as proof of mailing in a timely manner. Upon request we can send your notices by certified return receipt as well. Timely service of a Notice to Owner ensures your right to claim a lien. However, in the event that the company that you have your contract with receives full payment from the people that they are working for, then even if you file your notice within your 45 days, you will not have lien rights. So file your notice to owner as soon as you take the contract or step foot on the job, whichever comes first.
Notice to Owner must be mailed by: in order to have lien rights and proceed to Step 2. (Even if you are past your time, it can't hurt you to file anyway).