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What is a Notice of Commencement (NOC) and why do I need one?
Florida’s Construction Lien Law (Sections 713.001-713.37) requires the recording of a Notice of Commencement (NOC) for real property improvements greater than $5,000. However, the NOC does not apply to the repair or replacement of an existing heating or air conditioning system less than $15,000 in value.
Under Florida law, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
How does a NOC protect me as a homeowner?
For a homeowners protection and to avoid the possibility of paying twice for improvements to real property, owners need to verify that a Notice of Commencement (NOC) with the Clerk of Courts is recorded before inspections. You must also provide a certified copy of the recorded document at the construction site. The NOC must be signed by you, the owner contracting the improvements, and not your agent. The NOC must be completed and recorded within 90 days before starting the work.
If improvements described in the NOC are not actually started within 90 days after the recording, a new NOC must be recorded. You lose your protection under the Construction Lien Law if payments are made to the contractor after the expiration of the Notice of Commencement. The Notice is good for one year after the recording date or up to the date specified on the form.
All Notices of Commencement must be record via the Clerk of Courts. To view recording options available, please visit Clerk of Courts. You may eRecord your document through one of our approved vendors. With this option, you retain your original document and the recorded image is available the next day.
To view if a NOC has been filed, visit the County Recorder's Official Records Search and search using your last and first name (date range and document type are not required). For NOCs, the doc type is listed as “NCO.”
For additional information, contact the Clerk of Courts at 305-275-1155, option 6.
Property owners may receive a “Notice to Owner” from subcontractors and material suppliers. This Notice advises you that the sender is providing services or materials in regards to your project. Subcontractors and suppliers must serve a Notice to Owner within 45 days of commencing work to preserve their ability to lien your property. If your address changes from that given in the Notice of Commencement, you should record a corrected NOC reflecting your current address. This is done to help ensure you will receive all notices.
Prior to paying a contractor, you need to receive a Release of Lien and Affidavit to the extent of payment from the general contractor. The Release of Lien and Affidavit is also recorded with the Clerk of Courts and shall state either that all the subcontractors and suppliers have been paid, or list those unpaid and the amount owed. The contractor is required to list on the Release of Lien and Affidavit any subcontractor or supplier that have not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractors and/or suppliers after 10 days written notice to the contractor. If the balance due to the contractor is not sufficient to pay all subcontractors and suppliers listed on the contractor’s affidavit in full, you may wish to consult an attorney.
The general contractor shall furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time they request final payment. You can rely on the affidavit in making final payment to the general contractor. If you make final payment to the general contractor without obtaining the affidavit, your property can be liened for nonpayment if the general contractor fails to pay the subcontractors or suppliers. You should always obtain a Release of Lien and Affidavit from the contractor to reflect any payments being made to avoid potentially having to pay twice for your improvements.
