Notice of Commencement
What is a Notice of Commencement (NOC) and why do I need one?
Florida’s Construction Lien Law (Sections 713.001-713.37) requires the recording of a Notice of Commencement (NOC) for real property improvements greater than $5,000. However, the NOC does not apply to the repair or replacement of an existing heating or air conditioning system less than $15,000 in value.
Under Florida law, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
How does a NOC protect me as a homeowner?
For a homeowners protection and to avoid the possibility of paying twice for improvements to real property, owners need to verify that a Notice of Commencement (NOC) with the Clerk of Courts is recorded before inspections. You must also provide a certified copy of the recorded document at the construction site. The NOC must be signed by you, the owner contracting the improvements, and not your agent. The NOC must be completed and recorded within 90 days before starting the work.
If improvements described in the NOC are not actually started within 90 days after the recording, a new NOC must be recorded. You lose your protection under the Construction Lien Law if payments are made to the contractor after the expiration of the Notice of Commencement. The Notice is good for one year after the recording date or up to the date specified on the form.