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Do I need to resend notice of furnishing

FloridaPreliminary Notice

A notice of furnishing was sent per the state of FL requirement, however, our customer advised that the address is listed incorrectly in the legal description. I spoke with a level set rep and he advised that this was a typo. The question I have is does this letter need to be resent? Does the letter secure our lien right in FL as is or do we need to resend with the corrected legal description?

1 reply

Dec 15, 2020

Sending an amended/revised preliminary notice (particularly in Florida) comes with some risk. The deadline for preliminary notices is a strict 45 days after first furnishing labor and/or materials to the project. If an amended notice is sent outside of this deadline, it may operate to replace/potentially invalidate the original notice. However, if the proper parties received notice, there may not be any cause for concern.

Under the Florida statute governing notices, Fla. Stat. §713.06(2)(f), "If a lienor has substantially complied with the provisions of paragraphs (a), (b), and (c), errors or ommissions do not prevent the enforcement of a claim against a person who has not been adversely affected by such omission or error." 

Thus, as long as the notice was served in a timely fashion and received by the required parties, such an error won't likely operate to invalidate the notice.

For additional reading, see: How to Prepare and Send a Notice to Owner in Florida 

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