Liens & Notice of Commencement
Information Concerning Florida's Construction Lien Law
Per Florida Statute 713, you are subject to attachment of your property if persons who work on your property are not paid for the labor, materials or other services that may be provided in connection to your project. This means that if your hire a contractor and he/she does not pay his/her suppliers, and subcontractors, you may be held liable for any unpaid bills. In order to alleviate this situation, it is suggested that you ask your contractor for a "Release of Lien" form, which eliminates your property from the threat of lien proceedings.
Once work has begun, if partial payments are requested from your contractor, ask for a "Partial Release of Lien" to cover all supplies and labor expended to that point. Before the final payment is made to your contractor, make sure your contractor obtains and provides a copy to you, of releases he has obtained from all parties involved with the project. You can have this stipulation placed in the contract so that you are not held responsible for obtaining these releases yourself. For more information, you can call the Construction Industry Licensing Board of the Department of Professional and Business Regulation at 904-727-6530, or click here to access FSS 713 and Chapter 2003-177, H.B. 1719.
Notice of Commencement
A certified copy or affidavit attesting to the recording of the Notice of Commencement MUST be posted at the job site. The notice contains detailed information about the project such as property owner, financial institution, job site address, contractor, etc., and protects the property owner's title to the property.
You may download a copy of the Notice of Commencement below.
Recording Your Notice of Commencement
MUST to be recorded with the Miami-Dade County Clerk of the Courts. To record your EOC with the County, you may:
- Record the Notice of Commencement online through an approved vendor. With this option, you retain your original document. This method is the most expedient for recording
- Bring your original document in person, or mail it in, along with the appropriate fees, to: 22 NW 1st St, 1st Floor, Miami, Fl 33128
If you have any questions concerning the recording of the NOC, please contact the Clerk of Courts at 305-275-1155, option 6.