The question comes up often, usually after a subcontractor realizes they missed the 45-day window and are now facing a payment problem. Can you skip the NTO and go straight to filing a lien? In almost every case, the answer is no.
The general rule
Under Florida Statute 713.06, a subcontractor, sub-subcontractor, or material supplier who does not have a direct contract with the property owner must serve a Notice to Owner as a prerequisite to filing a valid construction lien. If you did not serve the NTO within 45 days, your right to lien the property is extinguished for that project.
The exception: direct contracts with the owner
The primary exception is for parties who have a direct contract with the property owner. If you contracted directly with the owner, you are not required to serve an NTO.
What about laborers?
Laborers who work for daily or hourly wages and do not supply materials are exempt from the NTO requirement. However, this exemption is narrow.
Filing a lien without an NTO: what happens
If you file a Claim of Lien without having served a valid NTO, the lien is legally defective. The property owner can have it discharged, and you may be liable for the owner's attorney's fees. Filing an unsupported lien can also expose you to penalties under Florida Statute 713.31.
Options when the NTO deadline has passed
You can pursue a breach of contract claim, a bond claim on bonded projects, remedies under the Prompt Payment Act, or direct negotiation. None are as strong as a valid lien claim. The best strategy is to never be in this position. File your NTO within 45 days of starting every project, without exception.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Florida construction attorney.
