What is a Notice of Commencement?
- Notice of Commencement Resources
Map of Requirements
Jump to a clickable map showing states where a Notice of Commencement is required, where it is optional, and where there is no rule.
FAQs about Notice of Commencement
Get answers to frequently asked questions about how a Notice of Commencement works in construction.
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A Notice of Commencement is a document that formally designates the beginning of a construction project. Depending on the state, it may be called a Notice of Project Commencement, Affidavit of Commencement, or Notice of Contract.
This notice specifically exists to provide information about the job to all subcontractors, suppliers, and vendors who will work on the project. Finding job information is a big challenge for subcontractors and suppliers in the construction industry. States that have a formal notice process like this make things a little easier on these parties.
Filing & recording requirements
Typically, the property owner or GC is responsible for filing or recording this notice.
- Recorded: These notices are filed with the county recorder offices in the county where the construction project is located.
- Filed by the General Contractor: The general contractor is frequently excused from sending a preliminary notice, but this notice is usually the general contractor’s duty.
- Required by Law: When these notices are mentioned in a state’s lien law, they are usually required, and general contractors will sustain consequences if they are not recorded.
How the Notice of Commencement affects construction parties
When these commencement notices are required (and properly filed), they typically have some impact on the lien rights of subcontractors and suppliers on the affected jobs. Usually, the filed notice will create an additional layer of protection for general contractors and property owners by creating additional hurdles and limits to the lien process.
A properly filed notice of commencement can, for example, require sub-tier parties to send preliminary notices when otherwise they are not required. It can also shorten the period of time that subs & suppliers may file a mechanics lien.
Since this notice can impact a company’s right to file a mechanics lien, it’s important that subcontractors and suppliers know whether a NOC is filed or not, and know the information contained on any filed notices. Since these notices are filed in county records and are not generally accessible, and are filed with different methods of indexing, this can be more difficult than it may seem.
States where Notice of Commencement is used
In some states, filing a NoC is required. In others, the notice is optional.
States where NoC is required
States where NoC is optional
About this page
This page is a reference for everything you need to know about Notices of Commencement. Whether you’re preparing & filing these notices, looking for them, or just trying to understand them better, this information will help you understand and master this document and process. And since these notices are so sensitive to the state’s rules, this page will also help you navigate the NOC requirements in each state.
For a longer discussion about this notice generally and how it works, refer to our Ultimate Guide to the Notice of Commencement.