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Issuing a (updated) NTO for lot development

FloridaPreliminary Notice

Hello, I had previously asked a construction lien question, as it related to multi-lot/unit development. In this case, there was one Prime/GC developer and then my customer, the Sub Contractor. Part of the response was: "Under § 713.09 of the Florida mechanics lien statute, a lien claimant may claim a single claim of lien when the work was performed on separate lots, parcels, or tracts of land so long as that work was performed under the same prime contract and the lots are owned by the same party." As an extension to my question and the answer, I would like to send out a new Notice to Owner for the future lots being developed, of which either recent material or future materials will be supplied to. This development is in Florida, so my main question is, that since it is 45 days after the very first lot was provided material upon, but there are future materials (to the un-developed lots) going forward, can I claim a lien position with an NTO going forward? I ask this because I am being slow paid on the current work and want to provide a secondary level of attention and security. Thank you,

1 reply

Jun 28, 2018
First, we're glad to have you back to the CLC! That's a fair question, and the answer will depend on project specifics. As mentioned in that previous answer, one claim of lien may be appropriate (and, therefore, one NTO) if there is only one prime contract and if all of the property is owned by the same owner. If a claimant has determined that more than one claim would be necessary, multiple NTOs should likely be sent. An NTO may be sent either before commencing work, or within 45 days of doing so. So, if a claimant has yet to perform work that will be covered by an NTO, notice may still be sent. Finally, it's worth noting that when payments are coming too slowly (or not coming at all), sending a document like a Notice of Intent to Lien or a Notice of Intent to Make Prompt Payment Claim can encourage the party making payment to be a little more responsive. Neither document is a required Florida notice, but when it looks like trouble is around the corner, sending these warning letters can help show that a claimant is serious about getting paid.
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