Notice Of Commencement Form - State Of Florida, County Of Miami-Dade (Page 4 of 4) in pdf

MIAMI-DADE COUNTY

CONSTRUCTION LIEN LAW FOR OWNERS

NOTE: IF YOU SIGNED AS THE OWNER’S AGENT YOU ARE RESPONSIBLE FOR DELIVERING

THIS INFORMATION SHEET TO THE OWNER OF THE PROPERTY.

WARNING TO OWNER

NOTICE TO OWNER FROM

SUBCONTRACTORS AND SUPPLIERS

Florida’s Construction Lien Law (Chapter 713, Part One,

Florida Statutes) requires the recording with the Clerk of the

You may receive a Notice to Owner from subcontractors

Courts a Notice of Commencement for real property improvements

and material suppliers. This notice advises you that the sender

greater than $2,500.00. However, it does not apply to the repair

is providing services or materials. Subcontractors and suppliers

or replacement of an existing heating or air conditioning system

must serve a Notice to Owner within 45 days of commencing

less than $5000.00 in value. This notice must be signed by you,

work to preserve their ability to lien your property.

the property owner.

If your address changes from that given in the Notice of

Under Florida law, those who work on your property or

Commencement, you should record a corrected Notice reflecting

provide materials and are not paid, have a right to enforce their

your current address. This is done to help ensure you will receive

claim for payment against your property. This claim is known as

all notices.

a construction lien.

RELEASE FROM LIEN FROM CONTRACTOR

YOU MUST FILE A NOTICE

Prior to paying the contractor, you need to receive a Release

of Lien and Affidavit to the extent of payment from the general

OF COMMENCEMENT

contractor. The Release of Lien and Affidavit shall state either

For your protection under the Construction Lien Law and to

that all the subcontractors and suppliers have been paid or list

avoid the possibility of paying twice for improvements to real

those unpaid and the amount owed. The contractor is required

property, you must record a Notice of Commencement in the

to list on the Release of Lien and Affidavit any subcontractor or

Clerk of the Court’s Office. You also must provide a certified copy

supplier that has not been paid. That amount may be withheld

of the recorded document at the construction site. The Notice of

from the contractor’s pay and paid directly to the subcontractor

Commencement must be signed by you, the owner contracting

or suppliers after 10 days written notice to the contractor.

the improvements, and not by your agent.

If the balance due to the contractor is not sufficient to pay

The Notice of Commencement form, provided with this

in full all subcontractors and suppliers listed on the contractor’s

information packet, must be completed and recorded within 90

affidavit, you may wish to consult an attorney.

days before starting the work.

The general contractor shall furnish a final Release of Lien

A copy of the payment bond, if any is required by you and

and Affidavit to the owner indicating all subcontractors and

purchased by the contractor, must be attached as part of the

suppliers have been paid at the time he requests final payment.

Notice of Commencement when recorded.

You can rely on the affidavit in making final payment to the

If improvements described in the Notice of Commencement

general contractor. If you make final payment to the general

are not actually started within 90 days after the recording of the

contractor without obtaining the affidavit, your property can be

Notice, a new Notice of Commencement must be recorded.

liened for non-payment if the general contractor fails to pay the

You lose your protection under the Construction Lien Law if

subcontractors or suppliers. You should always obtain a Release of

the payments are made to the contractor after the expiration of

Lien and Affidavit from the contractor to the extent of any payments

the Notice of Commencement. The Notice is good for one year

being made.

after the recording date or up to the date specified under item

nine of the form.

RELY ON YOUR LENDER FOR COMPLIANCE

Florida law requires the Building and Neighborhood Compliance

WITH CONSTRUCTION LIEN LAW

Department to be a second source of information concerning the

If you have a lender, you may rely on the lender to handle

improvements made on real property. The Building Permit Application

the recording of the Notice of Commencement. Learn more about

(included with this packet) has been expanded to include information

the Construction Lien Law by contacting an attorney, your lender,

on the construction lender and the contractor’s surety, if any. The new

or the Florida Department of Agricultural and Consumer Services,

application requires your signature or your agent’s, to inform you of

Division of Consumer Services.

the Construction Lien Law.

Documents are recorded at the Clerk of the Courts,

MIAMI-DADE COUNTY RECORDER, COURTHOUSE EAST,

YOU MUST POST THE NOTICE OF

22 N.W. First Street, 1st Floor, Miami, FL 33128.

COMMENCEMENT AT THE JOB SITE

You can record the Notice of Commencement by mail. The

By law, the Building and Neighborhood Compliance

original Notice should be sent to the County Recorder, P.O. Box

Department is required to verify at the first inspection, after the

011711, Flagler Station, Miami, Florida 33101. Please make

building permit is issued, that a certified copy of the recorded

sure the original Notice is signed and notarized. Also, remember

Notice of Commencement, with attached bonds if any, is posted at

to enclose the recording fee (for a single copy) and written

the construction site. Failure to show the inspector a certified copy

instructions for recording and returning a certified copy of the

of the recorded Notice will result in a disapproved inspection,

recorded documents. For additional information on fees and

(Florida Statute 713.135(1)(d)).

recording documents call (305) 275-1155.

123.01-52 PAGE 6 3/10

Notice Of Commencement Form - State Of Florida, County Of Miami-Dade Page 4

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