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Notice to Owner Served on Owners Agent

FloridaMechanics LienPreliminary Notice

Can a Florida Notice to Owner be served on the Owners Agent. Said agent managed all aspects of a remodel project including making all payments to the contractor including the recent final payment. Additionally, No Notice of Commencement was ever filed.

1 reply

Jan 25, 2022
If your contract is not with the owner you are required to deliver a notice to the owner (NTO). If a notice of commencement is not filed then by statute you may rely on the owner's address as stated in the building permit application. Doing anything other than this process gives the owner an argument that you have no lien rights. However, your facts support an argument that delivery to the owner's agent is delivery to the owner. Unless there is legal authority to the contrary - and I have not researched this specific issue yet - I believe that you should be OK. It depends on the position taken by the owner.
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