Why is the notice of commencement form so important in Florida?
Without this form an owner could lose certain protections afforded under the construction lien law. For example, payments made after the expiration of the notice of commencement or without the notice of commencement ever being recorded could adversely impact the priority of liens as well as the determination of who is responsible for certain payments.
Remember Before you start use a notice of commencement to protect your lien rights.
*Consult an attorney before using this notice of commencement form or relying on this information*
NOTICE OF COMMENCEMENT
Tax Folio No._____
State of _____
County of _____
The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.
1. Description of property: (legal description of the property, and street address if available) .
2. General description of improvement:_____.
3. Owner information:_____.
a. Name and address:_____.
b. Interest in property:_____.
c. Name and address of fee simple titleholder (if other than Owner):_____.
4.a. Contractor: (name and address) .
b. Contractor’s phone number:_____.
a. Name and address:_____.
b. Phone number:_____.
c. Amount of bond: $_____.
6.a. Lender: (name and address) .
b. Lender’s phone number:_____.
7.a. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes: (name and address) .
b. Phone numbers of designated persons:_____.
8.a. In addition to himself or herself, Owner designates _______________ of _______________ to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.
b. Phone number of person or entity designated by owner:_____.
9. Expiration date of notice of commencement (the expiration date is 1 year from the date of recording unless a different date is specified)_____.
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
(Signature of Owner or Owner’s Authorized Officer/Director/Partner/Manager)
The foregoing instrument was acknowledged before me this _____ day of _____, (year) , by (name of person) as (type of authority, . . . e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed) .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced_______________
Verification pursuant to Section 92.525, Florida Statutes.
Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief.
(Signature of Natural Person Signing Above)