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Why do I have to get a commencement notice for re-roofing work if I hire a licensed roofing contractor?

FloridaNotice of Commencement

If I am a home owner hiring a roofing company to re-roof my house am I responsible for getting a commencement notice? If they are licensed and will be pulling the permit am I required to notarize and record a commencement notice?

3 replies

Sep 26, 2019

Florida's mechanics lien statute requires that a Notice of Commencement be filed, and it's generally the owner's responsibility to do the filing. A licensed contractor might theoretically be able to help put the paperwork together, acting as the agent of the owner, but a Florida Notice of Commencement must be signed by the owner (no one can sign in their place), plus there's some information that must be included in a Notice of Commencement that a contractor will likely not be privy to. For a detailed discussion on the ins and outs of Florida's Notice of Commencement rules, here's another recent Expert Center question and answer: Who needs to file a notice of commencement in Florida? For more general background on Florida's Notice of Commencement requirements: Florida Notice of Commencement FAQs & Guide.

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Sep 26, 2019

In Florida, all projects other than those for which the direct contract price is $2,500 or less require a Notice of Commencement. The Notice of Commencement must be filed by the property owner (or owner's agent) and must be signed by the property owner. The sole exception to the rule that the notice of commencement be filed but he property owner is when there is a construction lender on the job, in which event, the property owner is relieved from this duty and the construction lender must make the filing. That being said, it is relatively common practice to have the GC file the Notice of Commencement as the agent of the property owner, but that doesn't change the requirement that the property owner sign the document, and have their signature on the document notarized. A good breakdown of the Florida Notice of Commencement requirement, by attorney Matt Viator, and the associated responsibilities related to the notice can be found here. The Florida Notice of Commencement Form is very simple. In fact, most counties will provide you with the form you need. Or, of course, you can make the NOC process really easy by just filing the document online.

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Dec 30, 2022

Very a great post. I have absorbed a lot of useful and interesting information, thank you for sharing it. krunker

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