One of the most common questions in Florida construction law is whether a particular party needs to file a Notice to Owner. The answer depends entirely on your relationship with the property owner.
Parties who must file an NTO
Subcontractors hired by the general contractor are the most common NTO filers. Whether you are an electrician, plumber, roofer, framer, or any other trade, if the general contractor hired you, you must file an NTO within 45 days of starting work.
Sub-subcontractors hired by another subcontractor have the same obligation. The chain can extend several layers deep, and at every layer, the party without a direct owner contract needs to file.
Material suppliers who furnish materials for a specific construction project must file an NTO, whether they deliver directly to the job site or to a subcontractor's shop for fabrication for a specific project.
Parties who do not need to file
The general contractor with a direct contract with the property owner does not need to file an NTO. Their lien rights are established through the direct contractual relationship.
Laborers who work for daily or hourly wages and do not supply materials are exempt. However, this exemption is narrow.
Gray areas and common mistakes
The gray areas tend to involve parties who are not sure whether they have a "direct" contract with the owner. When in doubt, file the NTO. There is no penalty for filing a Notice to Owner when one was not technically required, but there is a very real penalty for not filing when one was needed.
Another common mistake involves suppliers who assume their relationship is too far removed from the project. If you are supplying materials for a specific construction project, the NTO requirement likely applies to you.
The bottom line
If you are working on a Florida construction project and you did not sign a contract directly with the property owner, file a Notice to Owner. The cost of filing is trivial compared to the cost of losing your lien rights on even a single unpaid project.
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.
