The Ultimate Guide for Contractors and Subcontractors
If you’re working on a construction project in Florida and don’t have a direct contract with the property owner, Florida law may require you to serve a Notice to Owner (NTO) to preserve your right to file a lien. This requirement, found in Florida Statutes Chapter 713, is strict: missing the deadline or serving it improperly can eliminate your ability to enforce payment—even if the owner knows you’re involved in the project.
In this guide, you’ll learn who must serve an NTO, how and when to do it, common mistakes to avoid, and where to get a free fill-in-the-blank NTO template.
1. Failing to Serve a Timely Notice to Owner (NTO)
Under Florida Statute §713.06, most subcontractors, material suppliers, and equipment rental companies must serve a Notice to Owner (NTO) within 45 days of starting work or delivering materials.
What Is a Notice to Owner—and Why Does It Matter?
A Notice to Owner is a preliminary notice sent to a property owner (and sometimes a contractor) at the start of a construction project. It informs the owner that you’re contributing labor, materials, or services and may later file a construction lien if you’re not paid.
This notice is not a lien itself—it simply preserves your right to file one if necessary. As stated in Florida Statute §713.06(2)(a):
“A lienor, as a prerequisite to perfecting a lien under this chapter, must serve a notice to owner.”
Who Needs to Serve a Notice to Owner in Florida?
Whether you’re required to serve an NTO depends on your relationship with the property owner.
You must serve an NTO if you are:
- A subcontractor
- A sub-subcontractor
- A material supplier without a direct contract with the owner
- An equipment rental company
You are exempt if you are:
- A general contractor in direct contract with the owner
- A laborer (employee providing work)
- A professional lienor such as an architect, engineer, or surveyor (see §713.03)
Important: If you’re required to serve an NTO and don’t, you forfeit your right to file a lien—even if you are unpaid.
Don’t Forget the Contractor: You Must Serve Them Too
One common mistake is assuming the NTO only needs to go to the property owner. In many cases, you must also serve the general contractor.
Florida Statute §713.06(2)(c) makes this clear:
“A copy of the notice must also be served on the contractor.”
If you’re working under a subcontractor—or supplying materials or equipment to someone other than the general contractor—you are required to notify the GC.
Best practice: Serve both the property owner and the general contractor at the same time to avoid any compliance issues.
When to Serve the NTO: The 45-Day Rule
Timing is everything. Under Florida law, you must serve the Notice to Owner no later than 45 days after you first furnish labor, services, or materials to the job site. This includes even minor tasks like dropping off equipment or prepping for work.
Florida Statute §713.06(2)(a):
“The notice must be served no later than 45 days after commencing to furnish labor, services, or materials.”
However, there’s a critical presumption about mailing built into the statute:
If the NTO is mailed within 40 days of first furnishing labor or materials, Florida law presumes it was served on the date of mailing—even if it arrives a few days later.
If you mail it after day 40, it’s only considered served on the actual date of delivery, which may fall outside the 45-day deadline and invalidate your lien rights.
Best Practice:
To stay protected, mail your NTO no later than day 40 using Certified Mail with Return Receipt Requested. That gives you a safe margin for delays and preserves your legal presumption of timely service.
How to Properly Serve a Notice to Owner in Florida
The method of service matters just as much as the timing. You must be able to prove the NTO was delivered.
Acceptable methods include:
- Certified Mail, Return Receipt Requested — Most common and reliable
- Hand delivery with signed acknowledgment
- Private carriers (e.g., FedEx, UPS) with proof of delivery
- Process server — Less common, but valid
Avoid:
- Regular mail (no tracking or receipt)
- Serving after the 45-day deadline
- Relying on verbal confirmation instead of written proof
Tip: Always keep copies of the notice and detailed proof of delivery.
Mistakes That Can Invalidate an NTO
Here are the most common errors that cause lien rights to be lost:
- Serving the NTO after the 45-day deadline
- Failing to serve the general contractor when required
- Sending the notice to the wrong owner or address
- Losing proof of service or not tracking delivery
- Using an incomplete or incorrect form
Free Florida NTO Template (Fill-in-the-Blank)
To help you comply with Florida’s construction lien law, we’ve included a downloadable, fillable template:
👉 Download the Florida NTO Template (PDF)
This form includes fields for all required information and a reminder to serve both the owner and general contractor using Certified Mail with Return Receipt Requested.
single mistake can destroy your right to get paid. Don’t let that happen.
Final Thoughts
Serving a Notice to Owner is a simple but essential step in protecting your right to be paid. Florida law is clear: if you’re not in direct contract with the property owner and don’t send an NTO within 45 days, you cannot file a lien.
When in doubt, serve early, serve everyone required, and keep detailed records.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Because lien laws are complex and fact-specific, you should consult a qualified Florida attorney for advice regarding your particular situation.