Every construction project in Florida starts with one document that most contractors treat as paperwork and most subcontractors barely think about. That is a mistake. The Notice of Commencement controls lien priority, drives NTO deadlines, determines whether your lien is valid, and dictates what happens when an owner stops paying. Get it wrong, or ignore it, and the consequences run downhill to everyone on the project.
This article covers 20 essential facts about Florida Notices of Commencement under Florida Statute §713.13, updated to reflect the 2023 amendments to Chapter 713. Whether you are a general contractor, subcontractor, material supplier, or property owner, these are the facts that matter on every job.
What the NOC Is and Why It Controls Everything
1. The NOC is the official start of the project for lien purposes.
Florida Statute §713.01(5) defines commencement of the improvement as the date the NOC is filed for record with the county clerk. That recording date is the date from which all lien priorities, notice deadlines, and time limitations under Chapter 713 are measured. The date work physically started on the site is irrelevant for these purposes. The legal clock starts when the NOC is recorded.
2. Recording the NOC is the owner’s obligation, not the contractor’s.
Under §713.13(1)(a), the owner or the owner’s authorized agent must record the NOC before construction begins, and the owner must personally sign it. If you are asked to handle it as the contractor, get written authorization first. Any errors in the NOC are the owner’s risk, not the lienor’s. Florida courts have held that a lienor who relies on a defective NOC in good faith does not lose their lien rights because of it.
3. When no NOC is filed, every lienor loses the relation-back benefit.
When a valid NOC exists, all mechanics’ liens under §§713.05 and 713.06 attach and take priority as of the NOC recording date under §713.07(2), meaning a subcontractor who starts work three months into the project still gets lien priority from day one. When no NOC is filed, each lienor’s lien attaches only as of the date their individual claim of lien is recorded. In a project with a lender or competing creditors, that is a significant disadvantage. Mortgages and encumbrances recorded after the NOC date but before the claim of lien date may intervene and take priority.
4. Recording the NOC does not create a lien or cloud the title.
A common owner misconception. The recording and posting of an NOC does not constitute a lien, cloud, or encumbrance on the real property under §713.13. It provides constructive notice that claims of lien may be filed and establishes the priority date for those claims. The NOC itself does nothing to the title. It is a signal, not a claim.
| Lien rights depend on what was filed, when it was filed, and whether you complied with Chapter 713 from day one. Call Martin Law, PLLC before a NOC issue costs you your lien. |
What the NOC Must Contain
5. Seven categories of information are required by statute.
A valid NOC under §713.13(1)(a) must contain: a description of the real property sufficient for identification including legal description, street address, and tax folio number; a general description of the improvement; the name and address of the owner and fee simple titleholder if different; the name and address of the contractor; the name, address, and bond amount of any surety on a payment bond under §713.23; the name and address of any construction lender; and the name and address of a designated person within Florida authorized to receive service of notices on behalf of the owner. All seven are required. Omissions create risk.
6. The legal description must be exact.
The property description on the NOC must be sufficient to identify the real property, including the legal description, street address, and tax folio number if available. A street address alone is not enough. An incorrect legal description that adversely affects a lienor causes any payments made on the direct contract to be treated as improperly paid with respect to that lienor, potentially exposing the owner to double payment liability. Errors in the NOC description are the owner’s problem, not the lienor’s.
7. The contractor’s name and address in the NOC directly affects subcontractor lien rights.
Subcontractors and material suppliers use the NOC to get the contractor’s name and address for service of their Notice to Owner. Florida courts have recognized that the legislature specifically intended the NOC to provide this information. If the NOC lists the wrong contractor, an incomplete address, or a PO box, a sub who relies on that information and serves the NTO accordingly may still have valid service. The owner bears the risk of errors in the NOC, not the lienor who relied on it.
8. A payment bond must be physically attached at the time of recording.
If an owner secures a payment bond under §713.23 to exempt the project from mechanics’ liens, a copy of that bond must be attached to the NOC at the time of recordation. Attaching it later is not sufficient. Failure to attach the bond at recording negates the payment bond exemption entirely, meaning lienors retain their full lien rights regardless of the bond’s existence.
Timing, Posting, and the $5,000 Threshold
9. The NOC must be recorded before construction begins.
The NOC must be recorded in the county clerk’s official records before the owner actually commences construction, or before recommencing after default or abandonment. Recording is effective on the date of filing. A contractor who starts work before the NOC is recorded is starting a project with no shared lien priority date. Every lienor will be on their own clock from the date of their individual claim of lien.
10. For direct contracts over $5,000, the NOC must be on file before the first inspection.
Florida Statute §713.135 requires that when a direct contract exceeds $5,000, a copy of the recorded NOC must be filed with the building permit authority before the first inspection is conducted. If the copy is not on file, the building authority cannot conduct any subsequent inspections until it is provided. There is a narrow exemption for repair or replacement of existing heating or air-conditioning systems in amounts less than $15,000. Importantly, the statute does not allow local permit authorities to require the NOC as a condition for issuing the building permit itself. Permits can be issued without the NOC on file. The hold applies to inspections, not permit issuance.
11. The owner must post the NOC at the job site.
In addition to recording, the owner or the owner’s authorized agent must post either a certified copy of the recorded NOC or a notarized statement that it has been filed for recording, along with a copy, at the job site. This requirement is frequently overlooked. Subcontractors and suppliers rely on the posted NOC to get the owner and contractor information they need to serve a proper Notice to Owner. A missing or withheld NOC posting can give rise to equitable defenses in lien enforcement actions. The posting obligation belongs to the owner, not the lender. A lender who finances the project must record the NOC before disbursing funds but is not required to post it at the site.
12. If construction does not start within 90 days, the NOC is void.
A recorded NOC that is not followed by actual commencement of construction within 90 days after recording is void and of no further effect under §713.13. An owner who records an NOC speculatively and then delays the start of work more than 90 days must record a new NOC before construction begins. A lienor who relies on a voided NOC does so at their own risk.
Expiration, Extension, and What Happens When the NOC Runs Out
13. The NOC expires one year from recording unless it states otherwise.
Unless the NOC itself expressly provides for a longer effective period, it ceases to be effective against conveyances, transfers, mortgages, creditors, or subsequent purchasers for value after one year from the date of recording under §713.13. For projects expected to run longer than one year, the NOC must expressly state the extended effective period. Failing to address this in the original NOC is one of the most common and costly owner errors on long-running projects.
14. Payments made after the NOC expires are improper payments.
Any payment made by the owner after the NOC expires is automatically deemed an improper payment under §713.13. That matters because improper payments can expose the owner to double liability, having to pay subcontractors and material suppliers who recorded valid liens for amounts the owner already paid to the general contractor after the NOC was no longer effective. The contractor gets paid, the NOC expires, the owner keeps paying, and the unpaid subs still have lien rights. That is a serious exposure.
15. Amendments can extend the NOC, correct errors, or add omitted information. Changing the contractor requires a new NOC.
A recorded NOC that is still within its effective period may be amended to extend its duration, correct erroneous information, or add information that was omitted from the original. The amendment must identify the official records book and page where the original was recorded, and the owner must serve a copy on the contractor and on each lienor who has served a Notice to Owner within 30 days after the amendment is recorded. Changing the contractor requires a new NOC or notice of recommencement. An amendment is not sufficient for a contractor change.
Termination, Recommencement, and the Lender’s Role
16. An owner can terminate the NOC, but the process has strict requirements.
Under §713.132, an owner may terminate the NOC’s period of effectiveness by executing, swearing to, and recording a Notice of Termination. The notice must contain all the information from the original NOC, the recording reference numbers, a termination date no earlier than 30 days after the notice is recorded, a statement that all lienors have been paid in full, and must be served on all lienors with a direct contract or a timely filed NTO before recording. The termination becomes effective 30 days after recording. When an owner records a new NOC after a termination, the project begins anew for lien purposes. All lienors must serve fresh Notices to Owner to protect their rights on the recommenced project.
17. The lender must record the NOC before disbursing any construction funds.
When a lender finances a construction project, §713.13 requires the lender to record the NOC in the clerk’s office before disbursing any construction funds to the contractor. A lender who disburses funds without first recording the NOC is liable to the owner for all damages resulting from that failure. The posting obligation at the job site remains the owner’s. The lender records, the owner posts.
18. When a contractor is replaced, a new NOC is required before work resumes.
If the contractor on a project is replaced mid-job, a new NOC reflecting the new contractor must be recorded before construction resumes. An amendment to the existing NOC is not sufficient. In Keller v. Newman Sons, Inc., 756 So.2d 120 (2000), a homeowner who entered into a completion contract with a new contractor without filing a new NOC was held liable to a materials supplier who had given timely notice, even though the supplier’s materials were furnished under the completion contract. The moment the contractor changes, the NOC must change too.
What Contractors and Subcontractors Must Do
19. Contractors should verify the NOC before the first inspection request.
The owner bears the obligation to record and post the NOC, but the contractor bears the consequence if it is not on file before the first inspection. Under §713.135, the permit applicant, typically the contractor, must file a copy of the recorded NOC with the building authority before the first inspection on any contract over $5,000. If that copy is not on file, no inspection can be conducted and the job stops. Obtain a certified copy of the recorded NOC at the start of every job, keep it on file, and confirm it will not expire before the project is scheduled to complete.
20. Share the NOC information with your subcontractors and suppliers.
Subcontractors and material suppliers need the owner’s name and address and the contractor’s name and address from the NOC to properly serve their Notice to Owner within the 45-day window. A contractor who does not share that information with their subs and suppliers is setting them up to miss the NTO deadline. A sub who misses the NTO deadline loses their lien rights entirely. Pass the NOC information down the chain on day one of every job. It costs nothing and it protects everyone.
Key Takeaways
| Key Takeaways The NOC recording date is the legal start of the project. All lien priorities, notice deadlines, and time limitations run from that date, not the date work physically started. Recording the NOC is the owner’s obligation. The owner must personally sign it. Errors in the NOC are the owner’s risk, not the lienor’s. When no NOC is filed, each lienor’s lien attaches only at the date their individual claim of lien is recorded. The relation-back priority benefit is lost. Seven categories of information are required. Missing or incorrect information, especially the legal description or contractor’s address, creates lien risk for everyone on the project. On direct contracts over $5,000, a copy of the recorded NOC must be on file with the building authority before the first inspection. No NOC, no inspection, no progress. The NOC cannot be required for permit issuance. The NOC expires after one year unless it expressly states a longer period. Payments made after expiration are improper payments and can expose the owner to double liability. To change the contractor, you need a new NOC. An amendment is not sufficient. The lender must record the NOC before disbursing any construction funds. Failure creates direct statutory liability to the owner. Pass the NOC information to your subcontractors and suppliers on day one. They need it to serve a timely Notice to Owner and protect their lien rights. |
| Your Lien Rights Start With the NOC. Make Sure It Is Right. A Notice of Commencement error that goes unnoticed at the start of a job can surface as a lien priority dispute, a missed NTO deadline, or a double payment exposure months later. Whether you are a contractor confirming the NOC is on file before the first inspection or a subcontractor tracking down the owner’s address to serve your NTO, the details in that document matter from day one. Call Martin Law, PLLC if something does not look right before the deadlines pass. Contact Martin Law, PLLC. Florida construction law for contractors and subcontractors who need answers, not hedged opinions. |
About the Author
John C. Martin, Esq. is a Florida construction law attorney and the founder of Martin Law, PLLC. He represents contractors, subcontractors, and suppliers throughout yje state of Florida.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Always consult a qualified Florida construction law attorney regarding your specific situation