A general contractor tells you not to file a Notice to Owner. The reasons vary: "We always pay on time." "The owner doesn't like getting those." Regardless of the reason, the advice is wrong.
Why the GC might say this
Some genuinely believe NTOs are unnecessary on smooth projects. Others find them inconvenient because they alert the owner to the full list of subcontractors. In rare cases, a GC in financial trouble may actively discourage NTO filings.
Why you should always file
The NTO exists specifically for situations where things go wrong. Payment problems are never anticipated. General contractors who pay on time for years can suddenly face cash flow issues. When that happens, the subcontractors who filed NTOs have leverage. Those who did not have neither.
Can the GC prevent you from filing?
No. The right to serve an NTO is established by Florida statute. No contract provision or verbal agreement can waive it.
How to handle the conversation
"It is our company policy to file an NTO on every project. It is required by Florida law and standard business practice." If the GC continues to push, that itself is a red flag worth paying attention to.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
