Home>Levelset Community>Legal Help>For example: AWC does $20k of work in March on unit A, two months later we do more work for the property on a different unit, AWC will not be covered under the original NTO because the address isn’t in the description and time restraints play a big part also. I understand if a unit has to have a large money amount to do a NTO, but at rental apartment complex, do you have to do one per unit as you do repairs or will one NTO cover the whole property?

For example: AWC does $20k of work in March on unit A, two months later we do more work for the property on a different unit, AWC will not be covered under the original NTO because the address isn’t in the description and time restraints play a big part also. I understand if a unit has to have a large money amount to do a NTO, but at rental apartment complex, do you have to do one per unit as you do repairs or will one NTO cover the whole property?

FloridaPreliminary Notice

WE have been informed that at a apartment complex, when we do repairs from 100.00 to 5-6000.00, in that unit, and maybe 2-3 days later we do repairs in a different unit and so on, do we have to have individual NTO's per unit(invoice) or will the main NTO for the entire property cover each and every unit, UNLESS it's a large money project in one special unit, say a fire in just one unit.??? For example: AWC does $20k of work in March on unit A, two months later we do more work for the property on a different unit, AWC will not be covered under the original NTO because the address isn’t in the description and time restraints play a big part also.

1 reply

Mar 27, 2019

That's an interesting question, and covering NTO basics in Florida should help to provide some clarity. First, an NTO may be sent regardless of whether that NTO is actually required. In fact, it's generally a good idea to send an NTO regardless of any requirement - by sending a preliminary notice at the start of the job, a contractor, sub, or supplier helps to establish communication and transparency from the jump. By communicating early and often, it's easier to avoid any disputes further down the road. Of course, sending an NTO also serves the benefit of preserving the right to lien (if necessary). But again, this is only one benefit of sending an NTO, and in fact, sending an NTO in the first place actually helps prevent the eventual need for a lien. Anyway, as for what's required, that will ultimately depend on the ownership of the property. That's because the NTO requirement will directly tie to the availability of a lien claim and to what that lien will attach. In a situation where work is being done on an apartment complex entirely owned by one party, then only one lien claim would be necessary - meaning one NTO would be necessary to preserve the right to lien that property, as a whole, because it is owned by one owner. However, where units are individually owned (like a condominium), it's certainly possible that the NTO requirement might tie to the work done in any given unit. i.e. If work is done in multiple units owned by separate parties, then multiple NTOs might be necessary in order to preserve the ability to file multiple mechanics liens. Regarding multiple projects or undertakings at the same complex, if an NTO was originally sent describing certain work, but then different, completely separate work is later undertaken at the same address, sending additional notice might be necessary. Even if not "necessary", recall that sending NTOs, even when not required, can be helpful for communication and organizational purposes. But an NTO provides a general description of the work that will be provided, and it describes the property where the work is being performed. So, in a situation where either description is not accurate to notify of the work being performed (like when different work is requested at a different area), then sending a new NTO might become necessary. Keep in mind, though, that minor change orders and variations in scope of work will not generally require revised, amended, or additional notice. zlien discusses that here: Is it OK to Send Revised Preliminary Notices? Does it Affect My Deadlines? Lastly, when deciding whether additional notice might be required, it's important to determine whether notice was required in the first place. Keep in mind - in Florida, an NTO is only required for those who have not contracted with the property owner. But as mentioned above - it's generally a good idea to send an NTO, regardless of whether it's required. Plus, for the purposes of preserving lien rights, it's generally a good idea to play it safe and to take whatever steps may be necessary to preserve the right to later file a mechanics lien. For more information about Florida lien claims and notice requirements, the following resources should be valuable: (1) Florida Lien & Notice Overview; and (2) Florida’s Notice to Owner (NTO) Requirement.

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