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Is my Florida NTO invalid?

FloridaPreliminary Notice

I'm a subcontractor working for a general contractor on a commercial project. I filed a Notice to Owner on time, but I didn't realize until now that the Notice to Owner listed the job name as the general contractor - instead of the actual general contractor, who is my customer. The general contractor isn't on the NTO at all, and I didn't realize it until now, many months past the 45 day deadline, so I don't think I can refile. Now the owner wants an unconditional final lien release, even though I haven't been paid in full yet, since the NTO didn't give the correct general contractor information. What should I do? My initial thought is that I might as well give the lien release and hope for the best, since the NTO is probably invalid, but I wanted to double check.

1 reply

Jan 13, 2022
Don't give a lien release without payment. The NTO is not necessarily invalid, especially since the owner belives that you are working on the job.

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