Legal Question in Construction Law in Florida

Notice to owner - florida

Once a NTO is filed, how long is it good for? If a NTO is filed at a apartment complex, how long is it good for?


Asked on 1/28/09, 3:16 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Notice to owner - florida

until the project is complete

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Answered on 1/28/09, 6:40 pm
Frank Reilly Reilly Roche LLP

Re: Notice to owner - florida

A Notice to Owner must be served within 45 days from your first day on the project. Once it is served, it does not "expire". However, a Notice to Owner should not be confused with a Claim of Lien. A NTO is simply a notice that tells the property owner that you are on the jobsite providing labor and/or materials and that he/she needs to obtain a release from you every time payment is made. A properly prepared and served NTO also gives a lienor the "right" to file a Claim of Lien against the property in the event of nonpayment. The Claim of Lien must be recorded within 90 days from your last day on the project. A Claim of Lien is good for one year from the date it was recorded. If you do not foreclose on your Claim of Lien within the 1 year period, it automatically expires. There is no way to extend or to "renew" a Claim of Lien.

Florida's lien laws are very complex, especially when dealing with condominium and apartment buildings.

There is a new product called Lien Wizard that helps contractors to properly complete and process some of the most common FL lien law forms, including Notice to Owners and Claim of Liens. This software does more than just get you the forms. It guides you step by step on how to complete and process each form. It also includes date calculators, FAQs and lots of information about Florida's lien laws.

For more information or to download a free trial, please visit www.theportableconstructionlawyer.com/lienwizard. You can also Google "lien wizard". Good luck!

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Answered on 4/09/09, 1:06 pm


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