Construction Law

Notice to Owner: What are the Exceptions? Part 1

Our Lakeland construction attorneys are familiar with the intricacies of Florida’s construction lien law, as outlined in Florida Statute 713. We can help you understand your lien rights as well as what is and isn’t required of you. A Notice to Owner (NTO) is a document that subcontractors and material suppliers, not in direct contract with an owner, will send to an owner to identify their presence on a property improvement. This could be in the form of labor, services, or supplying materials. However, there are times when an NTO is not required. We’ll share them with you in this first part of our series. Visit Part 2 to learn more.

Who a NTO Protects

The (NTO) secures the lien rights of lienors that are not in direct contract with an owner. It restricts payment to contractors until payment is made to appropriate subcontractors and suppliers. It also protects owners from having to pay for the same services twice. A Lakeland construction attorney can help you protect your lien rights so you can focus on your business.

Direct Privity

No notice has to be sent to parties that are in an established contract with one another. Only those that are not in direct privity with the owner must send a Notice to Owner.

Common Identity

When it’s apparent that an owner and contractor are the same, meaning they have the same address, officer, or agent, filing a Notice to Owner is unnecessary.

Subdivision Improvements

Any lienor performing or supplying materials for subdivision improvements is exempt from filing a Notice to Owner.

Owner’s Agent

The agent already represents the owner, so it’s only natural that the agent is not required to file a notice.

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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.