Change orders happen on almost every construction project. Does your original NTO cover the expanded work, or do you need a new one?
The general rule
If the change order is a natural extension of your original scope (more of the same type of work), your original NTO likely covers it. Florida courts have generally interpreted NTO scope descriptions broadly.
When a new NTO might be needed
If the change involves fundamentally different work than your original NTO described, a supplemental NTO may be warranted. For example, if your original NTO described plumbing and you are now also performing HVAC installation under a separate agreement.
The safe approach
When in doubt, file a supplemental NTO covering the expanded scope. The cost is trivial compared to the risk of having your lien claim challenged.
What about the 45-day deadline?
If you file a new NTO for changed scope, the 45-day clock starts when you first furnish labor or materials under the new scope. Your original NTO remains valid for the original work.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
