Home>Levelset Community>Legal Help>What if I am the owner/contractor building my own structure. Do I need to file a commencement form? No loan or mortgage
What if I am the owner/contractor building my own structure. Do I need to file a commencement form? No loan or mortgage
I am having an accessory bldg put in my backyard, I have not and will not be taking out a mortgage or loan. Will be my own contractor, so not sure I need to file?
1 reply
Sep 19, 2019
The Florida mechanics lien statute, at § 713.13, requires that a Notice of Commencement be filed when improving privately owned property except for projects costing less than $2,500. So, even when an owner is acting as their own contractor and hiring subcontractors and/or suppliers on their own, if the project exceeds $2,500, a Notice of Commencement should generally be filed. And, if the work will require inspection, that inspection may also require a Notice of Commencement be filed.
However, for smaller projects, a failure to file a Notice of Commencement might not have that serious of consequences. Typically, the purpose of a Notice of Commencement is really to inform subs and suppliers on the project of project information, and filing a Notice of Commencement can help an owner avoid having to pay twice if there ends up being an issue with payments on the job.
But, where an owner is contracting the job themselves, when there are only a handful of subs and suppliers who have all been personally hired by the owner, and where relatively small dollar amounts are involved, failure to file a Notice of Commencement might not make all that much of a practical difference.
For more on Florida's Notice of commencement requirements: Florida Notice of Commencement FAQs & Guide.