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Chapter 713 of the Florida Statutes governs Florida’s
construction lien law. It allows certain subcontractors who
furnish labor, materials and/or services for the improvement of the property to file a
lien on the said property or to look to the payment bond if payment is not received.
To protect these rights the
required documents must be served to the proper parties within the time limits set forth
in the Florida Statues.
Conditional Payment Bonds/No Bond
| NOTICE TO OWNER |
must be served before or within 45 DAYS of your
FIRST furnishing of labor materials or services supplied to the construction project and
must be served prior to the Owner's disbursement of the final payment based on General Contractor’s "Final
Contractor’s Affidavit to the Owner". |
| CLAIM OF LIEN |
must be recorded
in the county where the construction project is located within 90 days of your FINAL
furnishing of labor, materials or services to that project. |
| COPY OF CLAIM |
must be served on Owner within 15 DAYS of recording the Claim of Lien |
| FILE SUIT |
must file suit within 1 YEAR of recording Claim of Lien. |
Private and Public Payment Bonds
| NOTICE TO CONTRACTOR |
must be served before or within 45 DAYS of your FIRST furnishing of
labor materials or services supplied to the construction project. |
| NOTICE OF NONPAYMENT |
must be served on Contractor and Surety within 90 DAYS of your FINAL furnishing of labor, materials or
services to that project. |
| FILE SUIT |
must file suit against Contractor and Surety within 1 YEAR of your FINAL furnishing of labor, services
or materials. |
Below is a chart that shows the parties NTO Management, Inc. serves
for their customers. Although it is not
required according to Florida State Statutes, we recommend courtesy copies be mailed to
some parties, including anyone whom you may be directly contracted. Private jobs with unconditional payment bonds behave similarly
to public jobs in terms of who must be served. However, NTO Management, Inc. takes a conservative approach and treats all private jobs as if they have a conditional bond or have no bond.
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| (Parentheses) indicate parties with no statuatory requirement to be served that we may notify via courtesy copies sent through First Class Mail. |
Private Jobs
Notice to Owner
Must be served within 45 DAYS of first furnishing of labor, services or
materials and prior to the Contractor's furnishing of the Final Contractor's Affidavit
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Public Projects
Notice to Contractor
Must be served within 45 DAYS of the first furnishing of labor, services
or materials |
| if you are a: |
we will serve: |
we will serve: |
Contractor or Supplier
contracted with the Owner |
n/a |
n/a |
Subcontractor or Supplier
contracted with the General Contractor |
Owner, Lender,
Designated Agents and (General Contractor) |
(General Contractor) and (Surety) |
Sub-subcontractor
or Supplier
contracted with a Subcontractor |
Owner, Lender,
Designated Agents, General Contractor and (Subcontractor) |
General Contractor, (Surety) and
(Subcontractor) |
| Materialman supplying to a
sub-subcontractor |
Owner, Lender,
Designated Agents, General Contractor, Subcontractor and (Sub-subcontractor) |
General Contractor, (Surety),
(Subcontractor) and (Sub-subcontractor) |
| Architect, landscape architect, interior designer, engineer, or surveyor or mapper |
n/a (see 713.03) |
n/a |
There may be instances where we deviate from the above chart, typically in extraordinary circumstances such as no Notice of Commencement, leasehold improvement projects or others where they may be confusion over the exact parties involved. NTO Management, Inc. will strive to take the most conservative approach to serving of your Notices to help insure your lien rights are protected. |
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