As the owner we were not told about the Florida Letter of Commencement until after work started. Now they want us to go file a copy and have it registered. What are the consequences?
1 reply
Dec 20, 2019
Florida's mechanics lien statute doesn't seem to provide much background on what happens when a Notice of Commencement is filed after work has begun. Presumably, though, any party who was injured due to the fact that there was no Notice of Commencement at the start of the job might be provided some leniency if they've missed certain information or requirements as a result of the notice not originally being present.
As far as consequences for filing a Notice of Commencement late - for a contractor or owner, there won't necessarily be any consequences for filing a Notice of Commencement late as long as all of the included information is accurate and truthful. But, there's certainly a strong chance that a late Notice of Commencement won't be totally effective, and as a result, there's always the potential that an owner could end up having to pay twice for the work if their contractor and other parties on the project don't make payments, as required. And, there could be some penalty for a contractor from the Florida DBPR.
For more information on Florida's Notice of Commencement requirements: Florida Notice of Commencement FAQs & Guide.