If a GC files one NOC for a large project with multiple buildings or phases and we sign contracts with a subcontractor, but for separate buildings tied to that one NOC, would we have to file different NTO's for each job or phase?
1 reply
Jun 4, 2020
Given the minimal cost of serving a notice to owner, I generally advise clients that, when in doubt, send a notice to owner. Worst case is you send a few extra documents that are redundant.
The exact issue you raise is not specifically addressed in Florida's construction lien laws. But, you are allowed to file a single lien to cover multiple projects on multiple parcels so long as the work was performed under one direct contract and the same individual or entity owns all the parcels. Because the lien is only valid if you properly serve an NTO, it stands to reason that if you will require only one lien, then only one NTO is needed. If you will need to record more than one lien, then you likely will need more than one NTO.
I've copied the relevant statute below, but if the project is big enough, you may want to consider speaking with an attorney about preparing the correct number of notices to owner and ensuring that they have the right information. Feel free to reach out if you have any further questions.
F.S. 713.09 - Single claim of lien.—A lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded is for labor or services or material furnished for more than one improvement under the same direct contract. The single claim of lien is sufficient even though the improvement is for one or more improvements located on separate lots, parcels, or tracts of land. If materials to be used on one or more improvements on separate lots, parcels, or tracts of land under one direct contract are delivered by a lienor to a place designated by the person with whom the materialman contracted, other than the site of the improvement, the delivery to the place designated is prima facie evidence of delivery to the site of the improvement and incorporation in the improvement. The single claim of lien may be limited to a part of multiple lots, parcels, or tracts of land and their improvements or may cover all of the lots, parcels, or tracts of land and improvements. In each claim of lien under this section, the owner under the direct contract must be the same person for all lots, parcels, or tracts of land against which a single claim of lien is recorded.