Material suppliers are among the parties most frequently caught off guard by Florida's Notice to Owner requirement. Unlike subcontractors who show up on the job site every day, suppliers often deliver materials and move on. But under Florida Statute 713.06, suppliers have the same NTO obligation as every other party without a direct contract with the property owner.
When suppliers must file
If you supply materials that are incorporated into a specific Florida construction project and you do not have a direct contract with the property owner, you must serve a Notice to Owner within 45 days of your first delivery. This applies whether you deliver directly to the job site or to a subcontractor's shop, as long as the materials are destined for a specific project.
When the 45-day clock starts for suppliers
For material suppliers, the 45-day deadline starts on the date of first delivery to the project. If you make multiple deliveries over several weeks, the clock starts with the first delivery. By the time the final delivery is made and the invoice remains unpaid, the 45-day window from the first delivery may have already closed.
Suppliers who deliver to a subcontractor's shop
Under Florida law, supplies furnished to a subcontractor for a specific project are still considered furnished to that project, even if they pass through an intermediate location. Good documentation practices help. Note the project name or address on delivery tickets and invoices.
Common supplier mistakes
The most common mistake is simply not knowing they need to file. The second most common is filing too late. Building NTO filing into your order processing workflow eliminates both risks.
Protect every delivery
Material suppliers who file NTOs on every qualifying order put themselves in a fundamentally stronger position when payment issues arise. With SimpleNTO, the process takes about five minutes per filing, far less time than chasing an unpaid invoice without lien rights backing you up.
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.
