Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
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Hi Leslie- Hope you are well. Though Chapter 713 does not require that a copy be provided, often there are multiple NOC’s still active on the property, or if the project covers more than one parcel, etc. In the event the lienor gives notice according to info on the wrong NOC, it imperils the lien claim.  Asking the owner to confirm by identifying the NOC, can be a benefit to the lienholder, and if they guess wrong, and the Owner did not provide the requested copy could be argued as an estoppel against flaws in the NTO.

Kimberly A. Ashby
Foley & Lardner LLP
111 North Orange Avenue
Orlando, Florida 32801
D. 407-244-3265  c. 407-619-3492

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 12:41 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Question - Requests for Copy of NOC

** EXTERNAL EMAIL MESSAGE **
Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.commailto:leslie.tomczak@akerman.com

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If NTO is on a form also intended for use in Georgia, which some of the NTO companies use, are they have a statute there that requires the NTO and bond be provided upon request.

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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 1:06 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Question - Requests for Copy of NOC

[EXTERNAL EMAIL]

Hi Leslie- Hope you are well. Though Chapter 713 does not require that a copy be provided, often there are multiple NOC’s still active on the property, or if the project covers more than one parcel, etc. In the event the lienor gives notice according to info on the wrong NOC, it imperils the lien claim.  Asking the owner to confirm by identifying the NOC, can be a benefit to the lienholder, and if they guess wrong, and the Owner did not provide the requested copy could be argued as an estoppel against flaws in the NTO.

Kimberly A. Ashby
Foley & Lardner LLP
111 North Orange Avenue
Orlando, Florida 32801
D. 407-244-3265  c. 407-619-3492

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 12:41 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Question - Requests for Copy of NOC

** EXTERNAL EMAIL MESSAGE **
Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak@akerman.commailto:leslie.tomczak@akerman.com

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Ed,

There is often no issue.  The issue arises when there are multiple open notices of commencement for the same property.  However I have seen a few where a) the description of work in the NOC was less than accurate, or more than one open NOC shows the same work.

While there is no requirement to furnish a copy of the NOC, there is a duty to furnish a copy of the prime contract on request. (But nobody  asked that.)

If someone requests a copy of  a NOC, why would there be resistance to furnishing a copy?  The cost is nominal (or could be met with a reference to the OR Book and Page, or Clerk’s file number, of the appropriate NOC).  The cost of sorting it out when there is confusion about bad information in a lien is typically much more expensive and time consuming than sending a response to a request for NOC.

But then that would likely lead to less work for lawyers.  😊

Regards,

Larry R. Leiby

Larry R. Leiby, Esq.

Adjunct Professor, Florida International University College of Law

Florida Bar Board Certified Construction Law Expert

Emeritus Fellow, American College of Commercial Arbitrators

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 02, 2020 1:11 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Question - Requests for Copy of NOC

I'm not aware of a requirement for the notice of commencement to be provided.  the NOC is a public record that anyone can view. on line.  We always tell builders to look at the notice of commencement to confirm property description and ownership or they may have a bad NTO or pull up the NOC and email to the client if they ask us to.

Ed

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On Fri, Oct 2, 2020 at 12:52 PM RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org > wrote:

Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak

Office Managing Partner

Board Certified by the Florida Bar in Construction Law

LEED AP

Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301

D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224

mailto:leslie.tomczak@akerman.com leslie.tomczak@akerman.com

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Are they coming from the same NTO service?

They could ask. If they demand, I would email and ask them to send a reference. If they are a non-legal service provider they can’t be interpreting cases IMHO.

Thank you,

Jack

Jack Taylor, Esq.
Associate Attorney

Williams Law Firm
212 W. Bay Ave

Longwood, FL 32750
Telephone: 407-926-4100

mailto:gtwlaw@ymail.com Jack@WCLfirm.com

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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 12:41 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Question - Requests for Copy of NOC

Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak

Office Managing Partner

Board Certified by the Florida Bar in Construction Law

LEED AP

Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301

D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224

mailto:leslie.tomczak@akerman.com leslie.tomczak@akerman.com

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