We are a subcontractor and at times we get a letter of Intent from a GC but it takes time to get the PO or a contact from them. We order custom fence can we file a NTO from a LOI or should we hold the project until we get the PO or contract?
1 reply
Mar 18, 2020
Sending a Notice to Owner (NTO) too early might be a bad idea. For one, if the GC hasn't actually secured the contract, then the owner receiving documents from prospective subcontractors might actually work against the GC's chances of landing the job. Plus, the deadline for sending the notice won't be until 45 days after first furnishing, which provides about a month and a half of time when notice requirements can be complied with. And, the clock for sending an NTO doesn't even begin until first furnishing has occurred - so, it's not like waiting to send a Notice to Owner will prejudice lien rights.
So, sending a notice that early isn't necessary, and it could even work to damage some relationships. In terms of compliance, though, it seems as though Florida allows Notices to Owner to be sent early. So, if you're really keen on sending an early notice, it might be wise to consult with your customer first to see if they object.
For more information on Florida NTOs, this resource should provide a lot of helpful info: Florida NTO Guide & FAQs.