(Consult an attorney before using this form or relying on this information)
What is a Notice to Contractor?
A bond is a document issued by a third-party (usually a surety) that promises to pay a subcontractor in the event of nonpayment by the contractor and if certain conditions are met. Where a contractor furnishes a payment bond it is necessary to provide the contractor with a “Notice to Contractor” which informs the contractor that in the event of nonpayment the subcontractor will look to the bond for payment.
The notice is provided by contractors who have no contractual relationship with the contractor who provided the payment bond. Florida Statutes section 713.23 sets forth the requirements for the form of the notice. A Notice to Contractor can be furnished before beginning work but cannot be furnished more than 45 days after beginning to furnish labor, materials, or supplies.
What are the steps to send a Notice to Contractor?
Step 1: Search for the owner’s Notice of Commencement
The first step in preparing a Notice to Contractor is to search the public records available from the county recorder’s office for the owner’s Notice of Commencement. This document contains the contact information of all the parties you will place on notice of your work. In the absence of a Notice of Commencement, the notice must still be sent to the contractor.
Step 2: Writing a general description of the work you are providing
Once you know who you are sending the Notice to Contractor to, you can move on to preparing your document which notifies the contractor that you have furnished work on the property at the direction another contractor and that the bond will be looked at for payment.
Step 3: Send the Notice to Contractor
The final step is to send copies of the Notice to Contractor.
NOTICE TO CONTRACTOR EXAMPLE
To (name of contractor)
The undersigned notifies you that he or she has furnished or is furnishing (services or materials) for the improvement of the real property identified as (property description) owned by (owner’s name and address) under an order given by _____ and that the undersigned will look to the contractor’s bond for protection on the work.
(Lienor’s signature and address)