The NTO process is straightforward, but the margin for error is slim. Here are the most common mistakes and how to avoid each one.
Mistake 1: Filing too late
The clock starts on the date you first furnish labor or materials, not the contract date.
Fix: file on the first day of every project.
Mistake 2: Wrong property owner name
The property might be owned by an LLC or trust.
Fix: look up the owner on the Notice of Commencement or Property Appraiser's website.
Mistake 3: Wrong mailing address
The owner's mailing address is not always the job site.
Fix: use the address on the Notice of Commencement.
Mistake 4: Forgetting the surety
If there is a payment bond, the surety must receive a copy.
Fix: check the Notice of Commencement for surety information on every project.
Mistake 5: Sending by regular mail
Regular mail does not create verifiable records.
Fix: always use USPS Certified Mail with return receipt.
Mistake 6: Using the wrong form
The NTO must follow the statutory form and include specific language.
Fix: use the statutory form or a service that generates compliant NTOs.
Mistake 7: Not keeping records
A perfect NTO is useless if you cannot prove it later.
Fix: save everything in a simple filing system organized by project.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
