Florida NTO · Fla. Stat. § 713.06
In Florida, subcontractors, sub-subcontractors, and material suppliers who don't have a direct contract with the property owner must serve a Notice to Owner within 45 days of first furnishing labor or materials — or they lose their lien rights entirely. The NTO isn't a lien and isn't a claim; it's the statutory heads-up that preserves the right to lien later if payment fails.
The NTO requirement applies to lienors who are not in privity with the owner — meaning they have no direct contract with the owner. That covers subcontractors hired by the general contractor, sub-subcontractors, and material suppliers selling to anyone other than the owner.
A general contractor with a direct contract with the owner does not serve an NTO — the owner already knows who they are. Laborers are also exempt.
The NTO must be served before commencing work, or within 45 days of first furnishing labor, services, or materials to the project — whichever gives you more time. It must also reach the owner before the owner makes final payment relying on the contractor's final payment affidavit.
The 45 days run from first furnishing — not from invoice date, not from completion. Missing the window is a complete defense to lien enforcement: serve it late and the lien is gone, no matter how much is owed.
The NTO is served on the property owner, and copies go to anyone the recorded Notice of Commencement designates for service — typically the construction lender and the general contractor. That's one reason an accurate, recorded NOC matters: it tells every sub and supplier on the job exactly who must be noticed.
Florida's construction-lien scheme is built around the recorded Notice of Commencement. The NOC names the owner, the contractor, the lender, and anyone designated to receive notices — which is exactly the information a lienor needs to serve documents correctly. An accurate, timely NOC keeps the notice to owner enforceable; a missing or stale one is where most Chapter 713 disputes begin.
No. A contractor in direct contract (privity) with the property owner does not serve an NTO under Fla. Stat. § 713.06. The requirement exists so owners learn about subs and suppliers they've never met — not the GC they hired.
Late service is fatal to the lien. Serving the NTO more than 45 days after first furnishing (or after the owner's final payment in reliance on the contractor's final affidavit) is a complete defense to enforcement of the lien under § 713.06(2).
No. The NTO is not a lien, a claim, or evidence of a payment problem — it's a routine statutory notice that preserves the right to record a Claim of Lien later if payment fails. Many owners see NTOs on every project they build.
NOC Signatures generates the § 713.06 notice, serves it by email, and keeps proof of service with the job.
This page is general information about Fla. Stat. § 713.06 and Florida construction-lien practice — not legal advice. Deadlines are strict and fact-specific; consult a licensed Florida construction attorney about your situation.