Subcontractors 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.