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what is timeline for contractor to remove notice of commencement once final payment is made in full?

FloridaNotice of Commencement

We had windows replaced in Feb.2019, company required us to sign Notice of Commencement. We paid in full once the was complete. No dispute at all. We now are doing home equity loan and discovered the contractor never removed or followed up with the notice of commencement. What timeline is required for contractor to remove notice to protect paid property owners?

1 reply

Nov 20, 2019

There's generally no requirement that a Florida Notice of Commencement must be terminated at the end of the project. Considering a Notice of Commencement doesn't actually stake any claim in the property title, a Notice of Commencement being present shouldn't create any red flags for a title company or other party inspecting the property record. But, once a project is complete, an owner is entitled to terminate a Notice of Commencement that's been filed for work on their property, according to Fla. Stat. § 713.132. They can do so by filing a Notice of Termination in the property record, much like the Notice of Commencement was originally filed. Note also that a Notice of Completion will automatically no longer be effective 1 year from the date it was filed. For more information on how a Notice of Commencement operates in Florida: Florida Notice of Commencement FAQs & Guide.

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