Tag Archive for Notice to Owner service

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.


What is a Notice to Owner and How Can it Benefit My Business?

Notice To Owner-Service Florida

What is a Notice to Owner (NTO) and can I use it to lien a property?

Have you ever completed work on a construction project only to not be paid by the person/company who hired you? Have you gotten paid but had to jump through hoops to do so? Since you cannot “take back” or “repossess” time, labor and most materials involved in a construction project, Florida construction laws offer you recourse should you not get paid. The law allows for you to lien the property that you worked upon as a way for you to recover monies that may be owed to you. However, we both know that you don’t want a lien on a property – you want a check in your hand. Often just informing the property owner of your lien rights is enough to get reluctant owners/contractors/subcontractors to pay you.

If you are hired by a commercial or private property owner, you have the right to file a lien if you do not get paid for your time, labor and materials. If you are hired by a party other than the owner, say a renter, or a general contractor that was hired by the property owner, you do not have the right to file a lien UNLESS you do one very important thing: inform the true property owner that you are working on their property. You do so by sending, via certified mail, a Notice to Owner to the property owner. You have to send it within 45 days of your FIRST day on the project. The Notice to Owner has to follow the format and wording prescribed in the Florida statutes, and you must have proof of delivery and receipt. The Notice to Owner basically informs the owner that you have been hired to work on their property, and it informs them that in the event that you do not get paid, you have the right to lien the property. It lets them know that even if they pay the general contractor or subcontractor that hired you, if YOU do not get paid, you can put a lien on their property. If you don’t send a Notice to Owner, or you do send one but it is not in compliance with the information required by the statute, or you do not send it in the time frame specified by the statute, you forfeit your lien rights and have no lien rights in the event that you do not get paid.

In a case where you are working directly for the property owner and you do not get paid, you are able to file a lien against the property without having to serve a Notice to Owner. You must do so within 90 days of the LAST day that you worked or supplied materials to the job. If you are in a situation where you are not being paid, it is often beneficial to send the owner, via certified mail, a letter of your Intent to Lien. This, in my experience, helps to motivate the owner to pay you before beginning the lien filing process.

Florida’s construction laws are complex, but they can help you secure the payment for your work if you know how to use them. Make sure you follow the proper steps so you can get paid. If you don’t feel comfortable handling forms and mailings on your own, hire a construction notice service to do it for you. The Notice Zone Construction Notice Service can research, write, mail and log your Notice to Owner and Letters of Intent to Lien for a set fee per document.