Notice of Commencement

What is a Notice of Commencement (NOC) and why do I need one?

Homeowners are protected under Florida’s Construction Lien Law (Sections 713.001-713.37) and to avoid the possibility of paying twice for improvements to real property a Notice of Commencement (NOC) must be recorded with the Clerk of Courts before inspections, if the value of work on the application exceeds $2,500. 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 can I record a document?
- You may Record the Notice of Commencement online. With this option, you retain your original document. This method is the most expedient for recording
- Bring your original document in person, or mail it in, along with the appropriate fees, to: 22 NW 1st St, 1st Floor, Miami, Fl 33128
- Documents submitted for recording by mail or in person without a self-addressed stamped envelope will not be processed
For additional information, contact the Clerk of Courts at 305-275-1155, option 6.

The Notice of Commencement:
- Must be completed and recorded within 90 days before starting the work and a copy must be posted on the job site
- Must be signed by the owner contracting the improvements, not an agent
A copy of the payment bond, if any is required by you and purchased by the contractor, must be attached as part of the Notice of Commencement when recorded.

If improvements described in the Notice of Commencement are not actually started within 90 days after the recording of the Notice, a new Notice of Commencement 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.
You may receive a “Notice to Owner” from subcontractors and material suppliers. This Notice advises you that the sender is providing services or materials. Subcontractors and suppliers must serve a Notice to Owner within 45 days of commencing work to preserve their ability to lien your property. If your address changes from that given in the Notice of Commencement, you should record a corrected NOC reflecting your current address. This is done to help ensure you will receive all notices.
Prior to paying the contractor, you need to receive a Release of Lien and Affidavit to the extent of payment from the general contractor. The Release of Lien and Affidavit shall state either that all the subcontractors and suppliers have been paid or list those unpaid and the amount owed. The contractor is required to list on the Release of Lien and Affidavit any subcontractor or supplier that has not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractors or suppliers after 10 days written notice to the contractor. If the balance due to the contractor is not sufficient to pay in full all subcontractors and suppliers listed on the contractor’s affidavit, you may wish to consult an attorney.

The general contractor shall furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time he requests final payment. You can rely on the affidavit in making final payment to the general contractor. If you make final payment to the general contractor without obtaining the affidavit, your property can be liened for nonpayment if the general contractor fails to pay the subcontractors or suppliers. You should always obtain a Release of Lien and Affidavit from the contractor to the extent of any payments being made.