Notice to Owner and Preliminary Notices

A Notice to Owner is not a threat. It is how lien rights are preserved.

A Notice to Owner, often called an NTO, is one of the most important documents in Florida construction lien law. On private projects, a subcontractor, sub-subcontractor, supplier, or other party who does not have a direct contract with the owner must serve a Notice to Owner within 45 days of first furnishing to preserve lien rights. An NTO can also be served before work begins.

The NTO must be received by the owner no later than day 45. However, if the NTO is properly mailed on or before day 40, it is deemed served on the date of mailing under Florida law. This mailing rule often determines whether lien rights are preserved or lost.

The NTO tells the owner that the lienor is furnishing labor, services, or materials to the project and may claim a lien if unpaid. It does not mean that payment is past due, and it does not mean litigation has begun. Its purpose is to provide notice to the owner that you are working on the property and may assert lien rights, avoiding surprise and unfairness if a lien is later recorded.

Notice issues are among the most common problems in Florida lien disputes. The questions usually include: Was the NTO required? Was it served on the correct parties? Was it timely served? Was it served in a legally acceptable manner? Did the document contain the required information?

A defective or missing NTO can become a major Construction Lien Defense. A properly served NTO can preserve the right to later record and enforce a Claim of Lien. Because the NTO affects everything that follows, it should be reviewed early in any Florida construction payment dispute.