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When working on multiple units in a development, do I need to send NTOs for each unit?

FloridaPreliminary Notice

I'm a supplier on a new housing development in Florida. I'm working on a lot of the units and they are all owned by the same company. Do I need to send a separate NTOs for each unit or can I send one NTO to cover all units? If I group them together, do I just need to list out each unit on the NTO?

1 reply

Feb 8, 2018
This is a great question, and one that we get pretty often from our users. Generally, if there's one prime contract for work done at one site, and all of the property belongs to the same owner, only one NTO will be required (of course, who must receive that NTO may be a whole different story). However, if the property has already been divided, this would become less clear in most states. Also, if work is done pursuant to multiple contracts, multiple claims may need to be filed. Since an NTO preserves the lien rights of a Florida claimant, determining how many separate NTOs to send is as simple as determining where lien rights would be available to a claimant. Under § 713.09 of the Florida mechanics lien statute, a lien claimant may claim a single claim of lien when the work was performed on separate lots, parcels, or tracts of land so long as that work was performed under the same prime contract and the lots are owned by the same party. However, if any of the divided parcels have been transferred to another owner, a separate claim of lien may have to be filed for work authorized and performed on the separate property. Where multiple claims may be necessary, multiple (separate) NTOs should be sent. On an NTO, a description sufficient for identification of the real property must be included. Generally, providing the most thorough description of the property would be good practice - it's a good idea to play it safe since any property not properly identified in an NTO might not be subject to lien rights.
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