What Is a Notice of Commencement in Florida?

What Is a Notice of Commencement in Florida?

A Notice of Commencement is a legal document a property owner records with the county Clerk of Court before construction or improvement work begins on real property in Florida. Required under Florida Statute §713.13, it identifies the property, the owner, the contractor, and the lender, and it establishes the official start date of the project for purposes of Florida's Construction Lien Law. It protects subcontractors' and suppliers' lien rights and is generally required before the building department releases the first inspection.

What a Notice of Commencement Does

Florida's Construction Lien Law (Chapter 713, Florida Statutes) governs who can place a lien on your property when they furnish labor, services, or materials to improve it. The Notice of Commencement (often abbreviated "NOC") is the document that opens this legal framework for a specific project. Recording it accomplishes several things at once:

• It sets the project's official start date. The lien priority of everyone working on the job relates back to the date the Notice of Commencement is recorded — not the date each individual signs a contract. This matters if the property is later sold, refinanced, or foreclosed, because liens that relate back to the NOC can take priority over later-recorded mortgages and conveyances.
• It tells subcontractors and suppliers where to send their paperwork. Many of the workers and material suppliers on a job have no direct contract with the owner. The NOC gives them the names and addresses they need to serve a Notice to Owner and, if they go unpaid, to record a Claim of Lien.
• It is usually a permit condition. Under §713.13(7), if the direct contract is greater than $5,000, the building department generally will not perform the first inspection (other than a building-set inspection) until a certified copy of the recorded Notice of Commencement, or a notarized statement that it has been filed, is posted on the job site. In practice this means the project stalls until the NOC is recorded.

A Notice of Commencement is not the same as a building permit, and it is not the same as a Notice to Owner. The permit authorizes the work; the Notice to Owner is sent by a subcontractor or supplier to the owner; the Notice of Commencement is recorded by the owner to launch the lien-law clock for the whole project.

When You Need One and Who Files It

The property owner is responsible for recording the Notice of Commencement, although in practice the general contractor or a permit-expediting service frequently prepares and files it on the owner's behalf. It is recorded in the official records of the county where the property is located, with that county's Clerk of the Circuit Court, and a certified copy is posted at the job site.

You generally need a Notice of Commencement when:

• The improvement is real property in Florida (new construction, additions, remodels, roof replacements, pool installation, and many repair projects).
• The direct contract price exceeds $5,000. Florida law carves out an exception: for direct contracts of $2,500 or less, and for certain repairs to existing HVAC systems in an owner-occupied single-family residence, the Notice of Commencement requirement is relaxed. When in doubt, treat work over $5,000 as requiring an NOC, because that is the threshold tied to the inspection rule.

Timing matters. The Notice of Commencement should be recorded before any labor, services, or materials are furnished — recording it before the first nail is driven is what locks in the relation-back date and keeps your lien priority clean. Record it too late, after work has already started, and you can create gaps that complicate priority and expose you to liens you thought were resolved.

By statute, an NOC is generally effective for one year from recording unless the document specifies a different (longer) period, and it expires earlier if a Notice of Termination is recorded. If the job runs past the effective period, you may need to record a new Notice of Commencement so that later work is properly covered.

What Information Goes in a Notice of Commencement

Florida Statute §713.13 prescribes the contents. A valid Notice of Commencement must include:

1. A legal description of the property and, if available, the street address and tax parcel ID number.
2. A general description of the improvement being made.
3. The owner's name, address, and interest in the property (and the name and address of the fee simple titleholder if different from the owner).
4. The contractor's name and address.
5. The surety's name and address and the amount of any payment bond, if there is one.
6. The lender's name and address, if there is a construction lender.
7. The names and addresses of any persons designated by the owner to receive copies of a Notice to Owner (the owner may designate someone in addition to themselves).
8. The expiration date of the Notice of Commencement, if it is to be other than one year after recording.

The statute also requires a specific warning paragraph in the document. In substance, it advises that payments made by the owner after the expiration of the Notice of Commencement are improper, and it strongly urges the owner to consult an attorney and to record a Notice of Commencement and post a certified copy. The form must be signed by the owner (or the owner's authorized agent) and notarized. A defective, unsigned, or improperly recorded NOC can fail to protect you — which is one reason owners on larger projects often have counsel review the document.

How the Notice of Commencement Protects You at Closing — and How to Close It Out

The Notice of Commencement is the front end of a paper trail that ends with you being able to prove the project was paid for and lien-free. To get the full benefit, pair it with these steps:

• Demand a Contractor's Final Payment Affidavit. Before making final payment to your general contractor on a lienable job, Florida law entitles you to a sworn affidavit listing everyone who has not been paid in full and the amounts owed. Under §713.06, the contractor must give you this affidavit at least 5 days before filing any lawsuit to enforce a lien, and you should not make final payment without it.
• Collect lien waivers. As you pay, get partial lien waivers for progress payments and a final lien waiver from the contractor, subcontractors, and suppliers. Match the waivers against the Notices to Owner you received so no one is missed.
• Record a Notice of Termination when the job is done. Under §713.132, once the work is complete (or abandoned) and all lienors have been paid or the time to lien has run, the owner can record a Notice of Termination to formally close the Notice of Commencement. Doing it correctly — with the contractor's final payment affidavit attached and proper notice to lienors — prevents later work from relating back to the original NOC.
• Watch the lien deadline. A subcontractor or supplier who served a proper Notice to Owner generally has 90 days from its last furnishing of labor or materials to record a Claim of Lien, and then one year from recording the lien to file suit to enforce it (unless that period is shortened). Keeping your closeout documents organized means you can quickly clear or contest any lien that appears.

Done properly, the Notice of Commencement plus a clean set of waivers and a final payment affidavit lets you (or a title company) confirm there are no hidden lien claims before you make final payment, sell, or refinance.

Frequently Asked Questions

Q: Is a Notice of Commencement required for all construction in Florida? A: No. It is generally required when the direct contract price exceeds $5,000, and it is tied to the building department's first-inspection requirement for those projects. Small jobs of $2,500 or less, and certain owner-occupied HVAC repairs, are treated differently. When the work is over $5,000, plan on recording one before work begins.

Q: What is the difference between a Notice of Commencement and a Notice to Owner? A: The owner records the Notice of Commencement to start the lien-law clock and identify the parties. A Notice to Owner is sent to the owner by a subcontractor or supplier who has no direct contract with the owner, to preserve that party's right to later file a lien. The NOC comes first and tells those parties where to send their Notice to Owner.

Q: How long is a Florida Notice of Commencement valid? A: It is effective for one year from recording unless the document states a longer period, and it ends sooner if a Notice of Termination is recorded. If your project runs longer than the effective period, you generally need to record a new Notice of Commencement so later work stays protected.

Q: What happens if I forget to record the Notice of Commencement? A: The building department can refuse to perform the first inspection until a certified copy is posted, which stalls the job. Worse, recording it late or never can disturb lien priority — potentially exposing you to liens from subcontractors and suppliers you assumed were covered, and complicating a later sale or refinance.

Q: Who actually files the Notice of Commencement — the owner or the contractor? A: The owner is legally responsible, but the general contractor or a permit service often prepares and records it as the owner's agent. Either way, it must be signed by the owner (or an authorized agent) and notarized, then recorded with the county Clerk and posted on the job site.

Q: How do I close out a Notice of Commencement after the work is finished? A: Get the contractor's final payment affidavit, collect final lien waivers, confirm the lien deadlines have passed or all lienors are paid, and record a Notice of Termination under §713.132. This formally closes the NOC and stops any later work from relating back to it.

Talk to a Florida Attorney

A defective Notice of Commencement, a missed lien deadline, or an unpaid subcontractor filing a Claim of Lien can turn an ordinary home or commercial project into an expensive dispute. If you are dealing with contractor problems, a lien on your property, or damage from work that was done wrong, Louis Law Group can review your documents and explain your options under Florida's Construction Lien Law.

See if you qualify or call (833) 657-4812 to speak with our team about your Florida property and contractor-damage claim.

This article is general information about Florida law, not legal advice. Statutes and deadlines change and apply differently to each situation. Speak with a licensed Florida attorney about your specific circumstances.