Notice to Owner

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Notice to Owner 2018-03-07T18:29:58+00:00

713.06 2(a) All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished. A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor. 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. The notice must be served regardless of the method of payments by the owner, whether proper or improper, and does not give to the lienor serving the notice any priority over other lienors in the same category; and the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person. The serving of the notice does not dispense with recording the claim of lien. The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them.

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.

What was your first day on the job?
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).
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