There have been some situations in which i have listed 2 property owners, and one was incorrect. If i send out a retraction does that void the notice? Is there an amendment i can send out instead?
1 reply
Jun 29, 2018
That's a fair question. Typically, "amending" a notice might not be a great idea when there's a strict deadline. If that amended notice is sent after the deadline, there's a chance that the "amendment" date could be seen as the original sending date, and potentially, the notice could be deemed invalid. However, if a second notice to amend information from the first notice is sent prior to the deadline to provide notice, the risk of sending that second notice would be much lower. As a reminder - in Florida, an Notice to Owner must be sent within the earlier of 1) 45 days from first furnishing services or materials, 2) 45 days from when work begins on making specialty materials, or 3) before owner’s final payment to prime contractor. Finally, it's worth noting that an updated notice might not even be necessary. Under § 713.06(2)(f) of the Florida lien statute, "If a lienor has substantially complied with the provisions of paragraphs (a), (b), and (c), errors or omissions do not prevent the enforcement of a claim against a person who has not been adversely affected by such omission or error." Decoded, this means that if an error in a Notice to Owner does not adversely affect the parties who were supposed to receive the Notice to Owner, amended notice is not necessary. Lastly, if a party received a Notice to Owner in error, and the parties who were supposed to receive the Notice to Owner did, in fact, receive the appropriate notice - conceivably, a party could cancel or "retract" the notice sent to the improper party by sending that party a retraction or a letter stating the Notice to Owner was improperly sent to them. However, such a retraction or cancellation would likely be unnecessary. While they may have received a Notice to Owner improperly, no party will have lien rights to property they have not provided labor, services, and/or materials to - so the party improperly receiving a Notice to Owner isn't harmed in any way. For more on revised preliminary notices, try this article: Is it OK to Send Revised Preliminary Notices?