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What happens if my NTO didn't include the owner?

My NTO was sent in the first 45 days of being on the job, but I didn't have owner information and couldn't find it. I sent the NTO to my customer, who is the GC. We're now past the 45 days to send the NTO, but if I can find the owner and resend the NTO, would that protect my job? Or am I out of luck as far as meeting my NTO requirement? Are there any provisions for amending an NTO after the deadline? Thanks.

1 reply

Dec 16, 2019

Florida is very strict about its Notice to Owner requirements - particularly the timing requirements. So, those required to send an NTO won't be able to send one or amend one beyond the deadline. Further, the owner's information is a crucial piece of information for a Notice to Owner, and the owner's receipt of the notice is probably the most crucial part of complying with the Florida notice requirements. Of course, there's still value in sending preliminary notice even if it doesn't necessarily work to comply with mechanics lien requirements. Levelset discusses that idea here (though the context is a little different): Why You Should Send Preliminary Notice Even If It’s Not Required.

Recovery options outside of Florida's mechanics lien process

It's unfortunate, but failure to comply with Florida's daunting Notice to Owner requirements will essentially prohibit the filing of a valid and enforceable mechanics lien later on in a project. Of course, there are always other recovery options which may be helpful for recovering payment - like sending invoice reminders or demand letters, or pursuing legal options like breach claims or prompt payment claims, if necessary. For more discussion on options outside of the mechanics lien process: Can’t File a Lien? Here Are Some Other Options For Recovery.

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