Legal Question in Construction Law in Florida

Re: notice to owner time line

Assuming a Notice To Owner is required (e.g. you are not in direct privity with the owner, or other exceptions apply), then here are two statutes:

Florida Statute 713.06(2)(a) provides that "The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, .... the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person."

Florida Statute 713.18 is entitled "Manner of serving notices and other instruments.--"

(1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods:

(a) By actual delivery to the person to be served; if a partnership, to one of the partners; if a corporation, to an officer, director, managing agent, or business agent; or, if a limited liability company, to a member or manager.

(b) By sending the same by registered or certified mail, with postage prepaid, or by overnight or second-day delivery with evidence of delivery, which may be in an electronic format.

(c) If the method specified in paragraph (a) or paragraph (b) cannot be accomplished, by posting on the premises.

(2) Notwithstanding subsection (1), if a notice to owner, � is mailed by registered or certified mail with postage prepaid to the person to be served at any of the addresses set forth in subsection (3) within 40 days after the date the lienor first furnishes labor, services, or materials, service of that notice is effective as of the date of mailing if the person who served the notice maintains a registered or certified mail log that shows the registered or certified mail number issued by the United States Postal Service, the name and address of the person served, and the date stamp of the United States Postal Service confirming the date of mailing or if the person who served the notice maintains electronic tracking records generated through use of the United States Postal Service Confirm service or a similar service containing the postal tracking number, the name and address of the person served, and verification of the date of receipt by the United States Postal Service.

(3) If an instrument served pursuant to this section to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served, is not received, but is returned as being "refused," "moved, not forwardable," or "unclaimed," or is otherwise not delivered or deliverable through no fault of the person serving the item, then service is effective on the date the instrument was sent.

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Good luck,

Randall Gilbert

www.theconstructionlawyers.com