Florida Statute 713.06 is the section of Florida's Construction Lien Law that governs the Notice to Owner requirement. If you are a subcontractor, sub-subcontractor, or material supplier working on a Florida construction project, this statute determines whether you can file a lien if you do not get paid. Understanding it is not optional. It is the foundation of your payment protection on every job.
What the statute requires
At its core, 713.06 says this: if you do not have a direct contract with the property owner, you must serve a written Notice to Owner to preserve your right to file a construction lien. The notice must be served on the property owner, the contractor, and the surety (if there is one) within 45 days of when you first furnish labor, services, or materials to the project.
The purpose of the notice is to inform the property owner that you are working on their property. Without it, the owner has no way of knowing which subcontractors and suppliers are contributing to the project and might have lien rights against the property.
Who has to file
The statute applies to anyone who does not have a direct contract with the property owner. In practice, this means subcontractors hired by the general contractor, sub-subcontractors hired by other subs, and material suppliers who deliver to the job site or to a subcontractor for use on the project. If the general contractor hired you, you need to file. If another subcontractor hired you, you need to file. If you are supplying lumber, concrete, electrical components, or any other materials for a specific project, you need to file.
The only parties exempt from the NTO requirement are those with a direct contract with the property owner (typically the general contractor) and laborers who are paid by the day or hour and do not furnish materials.
The 45-day deadline
The 45-day window is the most critical detail in the statute. It starts on the date you first furnish labor, services, or materials to the project. Not the date you signed the contract. Not the date you received a purchase order. The date actual work or delivery began.
This distinction matters because many subcontractors track their NTO deadlines from the contract date, which can be days or weeks before work actually starts on site. Others track from the first invoice date, which is often after work has already begun. Both approaches can lead to missed deadlines. The safest practice is to file your NTO as early as possible, ideally on the same day you first show up on the job site or make your first delivery.
Once the 45-day window closes, you cannot retroactively file an NTO. Your lien rights on that project are gone, and no amount of paperwork after the fact can restore them.
What the notice must include
The statute prescribes a specific form for the Notice to Owner. It must include your name and address, a description of the labor, services, or materials you are furnishing, a description of the real property (typically the job site address and legal description), and the name of the person who hired you. The notice must also include specific statutory language that informs the property owner of their rights under the Construction Lien Law.
Using the wrong form, omitting required information, or including inaccurate details can render your NTO defective. While Florida courts have sometimes been lenient with minor technical errors, relying on that leniency is a gamble no subcontractor should take.
How the notice must be delivered
Florida Statute 713.06 requires that the Notice to Owner be served by certified mail (return receipt requested), actual delivery, or any other method permitted by the statute. In practice, certified mail is the standard because it creates a documented paper trail showing exactly when the notice was mailed and when it was received.
The notice is considered served when it is mailed, not when it is received. This is an important distinction. As long as you can prove the NTO was placed in the mail via certified mail within the 45-day window, you have met the statutory requirement, even if the recipient does not pick it up for another week.
What happens after you file
Filing your NTO does not guarantee payment. It preserves your right to file a construction lien if payment does not come. Think of it as keeping the door open. Without the NTO, the door to lien rights is closed permanently.
If a payment dispute arises after you have served your NTO, you have the option to file a Claim of Lien against the property within 90 days of your last day of work on the project. The lien attaches to the property itself, giving you leverage to recover what you are owed. But none of that is possible without a timely NTO on file.
Why it matters on every job
It is tempting to skip the NTO on smaller jobs or on projects where you have a longstanding relationship with the general contractor. But payment problems rarely come with advance warning. General contractors go bankrupt. Projects run out of funding. Owners dispute invoices. The subcontractors and suppliers who come out of those situations whole are the ones who filed their NTOs on every single project, regardless of how routine it seemed at the time.
Filing a Notice to Owner under Florida Statute 713.06 is the single most important step a subcontractor or supplier can take to protect their right to get paid. It costs far less than a single unpaid invoice, and it takes far less time than chasing down money without legal leverage.
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.
