As a contractor or construction professional, ensuring legal compliance is essential for starting and completing any project successfully. One of the most critical steps in Florida is filing a Notice of Commencement (NOC), a required document that safeguards your rights, clarifies responsibilities, and helps projects run smoothly. Understanding the importance of this document and ensuring it is correctly prepared can save you from costly disputes and legal issues down the line.

In Florida, contractors must record a Notice of Commencement (NOC) with the clerk’s office before starting any new project. The Notice of Commencement is governed by Section 713.13 of the Florida Statutes.

What is a Notice of Commencement?

A Notice of Commencement is a legal document filed with the clerk’s office to announce the start of a construction project at a specific location. According to Section 713.13(1)(a) of the Florida Statutes, an NOC must include the following details:

1. A description of the project location.
2. A description of the work to be performed.
3. The property owner’s name and address.
4. The contractor’s name and address.
5. The surety’s name and address, if a bond exists.
6. The lender’s name and address, if a loan is involved.
7. The name and address of the property owner’s designated representative for receiving documents.

Why is a Notice of Commencement Important?

A Notice of Commencement plays a critical role in construction projects for several reasons:

• Legal Requirement: Florida law mandates filing an NOC for new construction projects.
• Clear Communication: An NOC identifies all parties involved in the project, ensuring effective communication and streamlining the payment process.
• Lien Protection: Filing an NOC protects a contractor’s right to file a mechanic’s lien if the property owner fails to pay. Under Section 713.23(h)(3) of the Florida Statutes, a mechanic’s lien allows the court to force the sale of the property to satisfy debts owed to contractors or subcontractors.

In the construction industry, the Notice of Commencement is an essential document for ensuring legal compliance, clarifying responsibilities, and protecting the rights of contractors and subcontractors.

If you’re unsure how to navigate the process, seeking legal counsel is highly recommended. Our team of experienced construction lawyers can guide you through every step, ensuring your documents are correctly prepared and filed.

For all your contract questions and needs, please contact RAK Law Firm, PLLC online or at (407) 437-0319.