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What do I do if there is not a Notice of Commencement filed and only a bond on a public project in the state of Florida?

FloridaNotice of Commencement

We are the subcontractor an athletic field at a public high school in Sarasota, FL. The GC has indicated a notice of commencement is not filed, but sent me the payment bond. I still plan on filing an NTO since I have the job info, but is there anything else I need to do since there is no NOC?

3 replies

Mar 10, 2023

A notice to owner is futile since there is a payment bond and a construction lien will not attach to public property. Payment is securred by the bond. You don't have to do anything if your contract is with the principal on the bond (typically that would be the GC). If you don't get paid then you have to do a notice of nonpayment within 90 days of completing your work. Don't worry about it now, just bear it in mind.

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Mar 13, 2023
Yes – serve (certified mail) notice on contractor’s bonding company and contractor. Better yet, contact a notice service and they will do it all for. Try SunRay.
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Mar 13, 2023

The NOC protects the owner mainly, so the failure to file doesn’t prejudice you. The challenge is serving the owner at the right address. I would send it to the public body’s address certified mail RRR AND post an NTO on the site. And serve a notice to contractor as well because there’s a bond.

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