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Do I need to send a second NTO?

Florida

We are a material supplier who supplied turf to a FL project in October and again in January. Both shipments were part of one contract, but separated by a few months. Would we need to send a second NTO in the new year?

1 reply

Feb 24, 2021

No. If the materials furnished are under a single contract then an additional Notice to Owner would not be required. In fact, sending an additional NTO could open the argument that it replaces the previous notice and is therefore late.

A general rule of thumb is that if the labor and/or materials are furnished pursuant to a single contract, then only one notice will be required. In fact, there are very limited circumstances in which an additional NTO would be required. These limited circumstances are broken down further in this article: Florida Notice to Owner- Do You Have to Send More Than One? 

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