You filed your NTO, then realized there is an error. Is it still valid?
Florida courts and substantial compliance
Florida courts have adopted a "substantial compliance" standard. A Notice to Owner does not need to be perfect. It needs to substantially comply with statutory requirements.
Errors courts have generally forgiven
Minor misspellings. Slightly incorrect addresses where the correct property can still be identified. General descriptions of work. Technical formatting differences.
Errors that can cause real problems
Sending to the wrong person entirely. A completely wrong property address. Omitting required statutory language. Failing to serve a required recipient.
What to do if you find an error
File a corrected NTO as soon as possible. If the correction is mailed within your 45-day window, you have a clean filing. If the window has passed, keep records of both the original and your correction attempt.
The best prevention
Review every NTO carefully before mailing. Double-check names, addresses, and work descriptions. Five minutes of review is far cheaper than litigating whether an error invalidated your NTO.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
