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The Notice Owner Florida form serves as a crucial document in the construction industry, particularly for property owners, contractors, and subcontractors. This form is sent to various parties involved in a construction project, including the property owner, prime contractor, hiring contractor, and construction lender. It outlines the services provided by the claimant, who is the party that has furnished labor or materials for the property. Importantly, the form includes a warning about Florida's construction lien law, which allows unpaid contractors and suppliers to file liens against the property, even if the owner has paid their contractor in full. This means that property owners must be vigilant and ensure that all parties involved in the project are compensated appropriately to avoid potential financial repercussions. The form also emphasizes the need for property owners to obtain written releases from contractors upon payment to protect themselves from double payments and liens. Understanding the implications of this notice is essential for anyone engaged in construction activities in Florida.
Form Example
Notice to Owner/ Notice to Contractor |
State of Florida |
NOTICE SENT TO THE FOLLOWING:
~_ _,) PROPERTY OWNER (Name & Address)
Cert Mail No: ___________
Sent on __!__!20
..__..) PRIME CONTRACTOR
(Name & Address, if different from Claimant)
Cert Mail No: ___________
Senton __/__/20__
..__..) HIRING CONTRACTOR (Name &
Address of party who hired claimant, if different from other listed parties)
Cert Mail No:
Senton __/ __/20__
..__..) CONSTRUCTION LENDER
(Name & Address, if any)
Cert Mail No:
Sent on __/__/20__
~_ _,] OTHER __________
(Name & Address, if any)
CLAIMANT (Name & Address)
Party who hired CLAIMANT ("HIRING PARTY"):
Property Owner .__[_ __,) Prime Contractor
Hiring Contractor.__[_ __,) Other
PROPERTY where services were performed:
(Give address and Legal Property Description)
..........•.•.... |
• |
• |
• |
• |
Description of Labor, Materials, Services, et c. provided to t he Property by Claimant ("SERVICES"):
Cert Mail No:
Sent on __/__/20__
Page 1 of2
WARNING! FLORIDA'SCONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL.
UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.
TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.
This NOTICE TO OWNER / NOTICE TO CONTRACTOR is delivered by the CLAIMANT to the parties indicated on the preceding page. The CLAIMANT hereby informs you that CLAIMANT has furnished, is furnishing, or will be furnishing the SERVICES indicated on the preceding page. The SERVICES are being furnished to the PROPERTY so indicated, by the party identified on the preceding page as the
HIRING PARTY.
Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes.
IMPORTANT INFORMATION FOR YOUR PROTECTION
Under Florida'slaws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment,
EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
PROTECT YOURSELF:
The CLAIMANT notifies you that he or she will look to the contractor'sbond for protection on the work. The undersigned hereby requests a true copy of all bonds and agrees to pay the costs of reproduction thereof.
Claimant
signed by: ________
title:
Page 2 of2
Document Breakdown
| Fact Name | Fact Description |
|---|---|
| Purpose | The Notice to Owner form informs property owners and other parties that services have been provided on their property. |
| Governing Law | This form is governed by Florida Statutes, specifically Section 713.06. |
| Recipients | The notice must be sent to the property owner, prime contractor, hiring contractor, construction lender, and any other relevant parties. |
| Claimant Information | The claimant is the party providing services or materials and must include their name and address on the form. |
| Legal Protection | Under Florida law, unpaid contractors, subcontractors, and suppliers can file a lien against the property if they are not compensated. |
| Payment Warning | Failure to ensure that all parties are paid may result in a lien against the property, even if the owner has paid the contractor in full. |
| Written Release | To avoid potential liens, property owners should obtain a written release from the claimant each time a payment is made to the contractor. |
| Bond Protection | The claimant may look to the contractor's bond for protection regarding the work performed, and they can request a copy of the bond. |
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