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How does a contractor or sub-contractor effectively terminate a Notice to Owner?

We are the Owner of a commercial building and currently have a construction project for a single suite. The sub-contractor submitted a NTO with the incorrect project information. The suite number is wrong on the NTO. The sub sent me a letter on their letterhead "retracting the notice to owner". Is this sufficient?

1 reply

Aug 27, 2018

Generally, notices or other documents that are not recorded do not need to be released if they contain an error or the noticing party wishes to cancel/terminate them for any other reason. When the noticing party wishes to do so, a "retraction letter" or other notification is simply to inform the interested parties that the previous document should not be relied upon.

Since a Florida notice to owner is not recorded, and "is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them" there is no need for a party to formally terminate one.

If there is still time prior to the expiration of the earlier date of: (a) 45 days after first providing labor or materials; (b) 45 days when work begins on making specialty materials; (c) final payment to the party above the noticing party; a correct NTO may still be sent.

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