FLORIDA RULES OF CIVIL PROCEDURE

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156 East Bloomingdale Ave.,
Brandon, 33511
Phone: (813) 685 8600

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A Client Inquiry: What is a Notice to Owner?

A Notice to Owner (NTO) is a statutory method for a subcontractor or supplier, which not in privity with the owner, to provide written notice to the owner as prescribed by Florida Statutes.  The sender of the Notice is placing the owner on notice that the sender, which is usually the subcontractor, expects to be paid. The notice is a condition precedent for lien rights that are nearly identical to the GC.

It must be in the form substantially similar as the language set forth in Fla. Stat. § 713.06(2)(c).  The NTO must be served no later than 45 days after the first labor, services or materials delivered to the site whether a supplier may have sold the materials earlier in time.   Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623, 627 (Fla. 1995).  A subcontractor may no longer be required to waive its lien rights before furnishing services or materials. See, Fla. Stat. § 713.20(2).

 

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