What is a Notice to Owner?

If you received a Notice to Owner you may be asking yourself “what is a Notice to Owner and why was I sent this document?” If so, the short explanation that follows below will attempt to answer some of your questions.

Florida law requires that anyone who supplies labor, services or material to a contractor on any construction job must send the owner of the construction project a ‘Notice to Owner’ form to protect their rights to getting paid on the construction project. The Notice to Owner is not a lien on property. It DOES NOT mean that a contractor has failed to pay the company who has given the notice. It merely informs the recipient that the company identified in the Notice to Owner is on a specific job and provides a general description of the type of materials they are supplying or the type of work that they will be performing.

Before paying a contractor, the property owner must make sure that the person who has given the Notice to Owner has been paid by the contractor. This is done by getting a lien waiver from the person identified in the Notice to Owner (Lienor’s name and address). If a construction lender is paying the contractor directly, the lender is responsible for getting the necessary lien waivers. The property owner should check with the lender to verify that they will be managing these documents in connection with each payment to the contractor. However, it is ultimately the property owners responsibility to make sure that the correct lien waivers are received from all parties on the project and that all who have supplied labor, services or material on the job have been paid.

One final note; if there is any doubt as to a property owner’s rights or duties under the lien law, an attorney should be consulted.

If you have further questions about our service, please feel free to contact Chasity Benitez (407) 299-7491 ext 122. Although we can not provide legal advice, we can answer general questions regarding any notices received from our service.