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Is a Notice of Commencement required even if you are not required to pull a permit?

FloridaNotice of Commencement

We are a painting contractor and have a large painting job in a condo community that is over $10k in price and the CAM (community association manager) is requesting a NOC be filed prior to the job. Is this necessary even though painting is not required to be permitted? We've never run into this before.

1 reply

Jan 22, 2020
Florida's Notice of Commencement requirements don't actually tie all that closely to the requirement for pulling permits. Rather, regardless of permitting requirements, Florida owners are required to file a Notice of Commencement for all jobs exceeding $25,000. So, for a job exceeding that amount, a Notice of Commencement should be filed. However, the failure to file a Notice of Commencement isn't the end of the world. It can create some additional liability for an owner, though, if there are payment or personnel issues on the job. Finally, explained in this Notice of Commencement discussion, it's really the owner's responsibility to file a Notice of Commencement - not their contractor's. I hope this was helpful! For additional discussion on Florida Notices of Commencement, these resources should be valuable: (1) Florida Notice of Commencement FAQs & Guide; and (2) Florida Notice of Commencement Checklist & Lien Risk Guide For Owners.
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