Florida NTO Delivery Problems – What if the mail delivery isn’t successful?

Florida NTO Delivery Problems

Do you have to mail your Florida NTO with your fingers crossed?

The 45-day time limit for delivering your Florida Notice to Owner (Florida NTO) is an issue that we talk and write about A LOT – our frequent blog posts (read about it here and here) and our website (go to that page here) cover the subject in detail. Florida NTOs must be delivered to the required parties within 45 calendar days from your first day on the job (weekends and holidays are included, unless the 45th day lands on a Sunday or holiday, where they give you until the next business day for delivery). Typically, Florida NTOs are sent via USPS Certified Return Receipt Mail to the property owner and any other parties that need to be informed of your work on the project. USPS Certified Return Receipt mail requires the recipient to sign for the mail when the postal worker delivers it. However, what happens if your NTO arrives at its destination within 45 days of your first day of the job as required, but the party that you mailed it to isn’t available to sign for the mailing? What happens if the delivery address is to a PO box and the mail doesn’t get picked up for over a week, pushing you past your delivery deadline? What happens if the party you send it to is no longer at that address? What happens if the party you send it to never picks up the mailing at all, so the mail gets returned to you? What happens if it gets lost in the mail? We will cover all of these Florida NTO delivery problems in our new blog series – stay tuned! Each week this month, we will write about a scenario in which you send your notice but the delivery does not go smoothly, and we will explain how your lien rights are affected. Have a question that needs to be answered right away? Call us at (407)399-8997 – we are always happy to help and explain how you can avoid Florida NTO delivery problems!

Florida NTO Time Limit

The NTO clock is ticking from the first minute you set foot on the job…

We receive calls weekly (sometimes daily) from subcontractors who have let the 45-day time limit for serving their NTO on a project pass, only to realize that they are having a difficult time getting paid on a job. It is always awful to hear that they started work months ago and didn’t think of sending an NTO until it is time to get paid. Florida law does not budge on the time limit for sending your NTO – if you do not serve it within 45 days of your FIRST DAY on the job, you forfeit your right to lien the property you worked on in the case that you don’t get paid in full. The Florida NTO TIme Limit does not have a grace period – 45 days is it. We encourage you to send an NTO on any project valued at $2500 or more when you work as a subcontractor, as that is the minimum amount that you can lien for as a subcontractor under Florida law. This Florida NTO time limit also applies to public and private bonded jobs – you have 45 day from your FIRST day of work to send your Notice to Contractor, or your forfeit your right to make a claim against the bond in the event you don’t get paid/paid in full. Do you need to calculate how far you are into your 45-day time limit? Use our NTO and Lien Date Calculator by clicking here: Free Florida NTO and Lien Date Calculator

Please feel free to call us to discuss your situation at (407)399-8997. The cost of a Notice to Owner is a small price to pay for peace of mind while working on a job, knowing that you have secured your lien rights.

Florida NTO Time Limit is 45 Days

Recent Feedback for The Notice Zone

We are incredibly thankful for all our clients! Every now and then we receive a special note or email from a satisfied client that makes our day. Here is what we found in our inbox this Monday morning:

We want to take a moment to THANK YOU for your help! 🙂 We FINALLY received a check and our situation is happily resolved. I will be keeping you on file and we WILL be sharing your business with others we may encounter that are willing to put forth the effort to hold people accountable.

You may refer to us as VERY SATISFIED customers and that we offer our highest recommendation that EVERYONE use your services when in need of filing on their own behalf. We thank you VERY VERY MUCH!

Sincerely,

Phil and Dave  (“Super Dave’s”)

Our week is officially made! And we are all reminded that we should take the time to pass on gratitude, because it really does make a difference. Thank you, Phil and Dave, for taking them time to send such a nice email.

Red Flag! Lien Alert!

The Notice Zone Notice to Owner Service

One of the FREE services we offer our clients is to research a property to see if there are any liens attached BEFORE they go to contract to work on the job. If you are considering beginning to work on a project and want to know if the property is currently liened, call us so we can check the public records to see if there are outstanding liens on the property. We recently had a client from Miami call us to request lien forms for a job where they had not been paid. When we looked up the property address, we found that there are four current liens on the property from contractors and subcontractors, ranging from $10,000 to $100,000 each. If they had called us BEFORE they started the project, they may have decided to not get involved in the project at all. They are currently owed just under $27,000 and have to go through the hassle of liening the property themselves.You have the right to know the payment history of the customers that hire you. And don’t forget – if you are working as a subcontractor, send a Notice to Owner within 45 days of your first day on the project to ensure your lien rights.
Call us at (407)399-8997 or write to us at Info@thenoticezone.com

Contesting a Lien

What is a Contest of Lien?
In the state of Florida, contractors have 90 days from their LAST day of work on a property to file a lien upon the property for amounts due to them. Once the lien is recorded, it remains effective for one year. If the contractor does not hire an attorney to enforce the lien within that year, the lien automatically expires.

The property owner has the right, at any point during that year in which the lien is in effect, to record a Notice of Contest of Lien in the county where the original lien was recorded. The filing of the Notice of Contest of Lien by the property owner shortens the time period that the contractor has to enforce the lien from one year to just 60 days.

This information has been compiled from the Florida Department of Business and Regulation website. Visit their information page at: http://www.myfloridalicense.com/dbpr/pro/elboard/documents/florida_lien_law.pdf
The employees and principals of The Notice Zone, Inc. are not attorneys and do not practice law.

Why use a Notice to Owner service?

Florida state law allows only 45 days from your first day on the job to file a notice to owner your intent that you are working on a project as a subcontractor and expect to be paid. The best course of action is to file your notice to owner as soon as you begin or before you start a job. Sending a notice to owner is an inexpensive way to secure your lien rights. The Notice Zone can make that process easier for you.

Once you supply us with the name and address of the project, the name and address of the party that hired you and your name and address we will take care of the rest. The project is researched thoroughly so that all parties required receive the notice to owner form. Once you submit your notice to owner you will receive a confirmation that it was received. The research begins by searching tax records, property records, and permit records. This is done to make sure the form are filled out correctly and that all parties concerned are contacted.

The forms are then sent by certified mail usually within 48 hours of your submittal. The letter is tracked and the confirmation of delivery is recorded.  Using certified mail you have a sign document that the notice was received. Copies of all documents are sent to you and also kept on file should you ever need the information in the future. Rest assured that the correct research has been done and all the documents that are required by Florida property lien laws have been filed.

We are here 7 days a week to answer your calls and emails regarding your notice to owner. We also offer notice of nonpayment and notice of intent to lien services. These timely service can be critical to your business ownership.  Our commitment to fast service is what we are all about.

How An NTO Orlando Pro Explains A Notice Of Nonpayment Filing

NTO_Orlando_nonpaymentThe Notice Zone, Inc. can assist in Orlando NTO services more conveniently and easily. With the advice provided by a formal NTO contractors are able to receive payments in a timely manner. A number of benefits are provided to individuals looking to hire a professional and to protect personal interest and lien rights.

A professional will be able to advise on the documents that will need to be completed for individuals in the construction industry that will meet with the necessary statute guidelines. It is of the utmost importance that one seek procedure that will protect personal interests and rights. For successful business operations, it is important for property owners to protect investments and to ensure that the necessary legalities are followed.

A Notice to Owner or NTO is the written statute that is implemented in the state of Florida to assist owners as well as subcontractors in terms of the necessary payments for the sender or subcontractor before contractors are paid. The law requires that these notices be served within 45 days from the first day of work or as soon as materials are delivered to the site. Such methods can aid in greater levels of protection.

These notices will provide owners of properties with the necessary backing to ensure that specific subcontractors are paid and any liens wavered. The owner will be protected from having a lien placed against the home or business or having to pay someone they have not entered into a contract with. Any form of verbal agreement will not be sufficient for changes in notices and should be included in writing.

It is important for workers to issue notices to owners for all jobs in order to ensure sound business practice. Hiring a professional service can assist in following the necessary procedures and in the handling of all formal documentation and payments. Such measures will need to be handled by experienced and knowledgeable personnel in industry.

The subcontractor or the supplier has the right to issue a notice to property owners. These measures will need to be implemented and followed within a timely manner even if there are no complications that can arise to claim a lien if required at a later stage. If individuals to not adhere to such guidelines, one will not have the means to claim for a lien.

It is necessary to follow very specific guidelines when looking to serve property owners with notices. Professional assistance can aid in greater levels of efficiency and convenience as this will guarantee that the necessary formal processes are followed. Individuals have a number of options that are available when issuing such notices including delivery, certified mail, and posting such documents on site.

With an NTO, contractors and property owners are better protected when it comes to timely payments, improved communication, and protection of investments. There are many individuals who are able to issue a lien including subcontractors, suppliers, and professional lienors. With the Orlando NTO services provided by the Notice Zone Inc, individuals are better protected and able to achieve a greater sense of security.

Notice to Owner time limit – we can help!

The time limit for serving a Notice to Owner is 45 days from your FIRST day on the job. This time limit is the number one stumbling block for subcontractors – they wait too long to send their NTO, and they lose their right to lien. The Notice Zone can help with that strict time limit.

Notices to Owner are sent using USPS Certified Return Receipt mail, which means that the postal carrier will not deliver it unless there is someone available to sign for it. If no one is available, the postal carrier will leave a notice to let the recipient know that they have a mailing waiting for them. This type of situation can seriously delay delivery of your notice! But did you know that the Florida statute provides protection from your notice languishing in the post office, waiting to be picked up, while your time limit for serving your notice winds down? The statute states that if the Notice to Owner is sent using Certified Mail and the person (or company) who sends it uses a Certified Mail Log, the Notice to Owner is considered DELIVERED UPON MAILING, as long as it is mailed WITHIN 40 DAYS of your first day on the job. At The Notice Zone, we only mail using Certified Mail Logs that are date stamped and signed by the postal worker accepting our mailings. You have the extra peace of mind that your lien rights will be preserved no matter when the mailing actually gets delivered! Even if the mailing doesn’t reach its destination due to lost mail or refusal of delivery by your recipient, THE NOTICE TO OWNER IS CONSIDERED DELIVERED THE DAY WE MAIL IT, so your Notice to Owner time limit requirement is easier to fulfill.

Make sure you get your Notice to Owner request to us within 35 days of the job start so you can be sure that your mailing can take advantage of the provisions in the statute. Fill out our online NTO Request form by clicking here, or print our form to fax or email to us by clicking here. Questions? Call us at 407-399-8997. Protect your lien rights so you can get paid!

 

Choosing The Right Florida NTO Service

Notice to Owner FloridaSubcontractors often look to hire a Florida NTO (Notice to Owner) service in order to save time, to be assured that their notices are written and served correctly, and to protect their lien rights.  It is so important, especially now in the construction industry, that subcontractors mind the strict time limits set forth in the Florida statutes to protect their lien rights. Serving timely notices (NTOs) is the only way to secure your lien rights so you can get paid for materials supplied and/or work performed.

The Florida Notice to Owner document makes it clear to the property owner that they are required to pay for the materials supplied and or services performed. The language of the Florida NTO warns the property owner that they are responsible for making sure that the subcontractor sending the NTO is paid. As required by Florida law, the Florida NTO informs the owner that even if they pay the general contractor in full, if the general contractor does not pay the subcontractor, the owner may have to pay the subcontractor or risk having their property liened. In essence, the property owner would have to pay for work performed or materials supplied twice in the event that the subcontractor that sent the NTO does not get paid. This is a very strong stimulus for the owner to be sure that the subcontractors are getting paid, and is very effective in preventing the general contractor from withholding payments to subs.

The Notice Zone receives calls almost daily from subcontractors who have waited too long to get paid – they are past the 45 day time limit to serve their NTO upon the property owner. DON’T WAIT UNTIL YOU HAVEN’T BEEN PAID ON A PROJECT TO SERVE AN NTO!!! An NTO is not a collection notice – it is a form required by Florida law when you work as a subcontractor. Do not worry about offending a general contractor by sending an NTO. It is a standard part of the industry and any reputable general contractor is not put off by their subs following the construction laws.

Send an NTO on every project you begin in Florida, right when you begin, and you can have peace of mind that if you don’t get paid, you can lien the property you worked upon (or make a claim on the bond for bonded projects). Call us today at (407)399-8997 to learn more.

 

Can You Place a Lien on Public Property?

You can’t lien public property. Period. So what do you do when you are hired to work on an airport, park, school, courthouse or other type of public property? How do you protect your right to be paid for the work you do? Instead of sending a Notice to Owner (NTO), you send a Notice to Contractor. The Notice to Contractor tells the General Contractor on the project that in the event that you are not paid, you will look to the Bond to be paid. (A bond is similar to an insurance policy for a specific project. Florida Statutes Section 255.05(1)(a) states that a contractor on a pubic project must record a payment bond in the public records of the county where the project is located PRIOR to commencing work. This requirement is for state projects of $100,000.00 or more, or county, city or public authority projects of $200,000.00 or more.) The time frame for sending a Notice to Contractor is 45 days from your FIRST day of work, the same as the time limit for sending a Notice to Owner (NTO). Learn more about The Notice Zone’s Notice to Contractor service by clicking here. Have questions? Fee free to call us at (407)399-8997.

What do you do if you send your Notice to Contractor and you don’t get paid on a job? Check our next blog for the answer, or click here to learn about the Notice of Nonpayment process.