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How can I determine if the subcontractor that I want to put a notice to owner on is actually working on the site

Anonymous Material Supplier

I have a subcontractor that is collecting dirt from my land and I want to put a notice to owner on them, Should all subcontractors, contractors, basically all parties be on the notice of commencement? In the event that someone would potentially be lying to me about working a specific site what is the best way to confirm they are contracted on it?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,007 reviews

Jan 30, 2020

Generally, no - it's not all that common, or required, that every subcontractor or supplier be listed on the project's Notice of Commencement. Though, since the owner, contractor, and other top of chain parties must be included - it might be easy to get ahold of those parties to see if a particular sub is working on their job. In terms of determining whether a subcontractor is lying on their Notice to Owner, it might be helpful to make your way up or down the payment chain to see who hired them onto the job. Further, Fla. Stat. § 713.06 requires that a subcontractor include their customer on their Notice to Owner. So, if the subcontractor in question has provided an NTO on the job, themselves - then they'd have to list their customer on the job. And, conceivably, their customer could be contacted to request confirmation of whether they're on the job. For further discussion on Florida NTOs, these resources should be valuable: - Florida NTO Guide & FAQs - Florida’s Notice to Owner – How To Prepare & Send Your NTO

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