Florida Notice to Contractor Overview

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Under Florida law, a statutory Notice to Contractor form is used to inform its recipient that the claimant intends to rely upon the contractor's surety bond to secure payment for the furnishing of materials or services for the improvement of the real property. See FLA. STAT. 713.23(c).

This form identifies the relevant parties, including the owner, who ordered the work, the general contractor, who coordinates the project, and the lienor, or subcontractor, who is completing the assigned tasks, and who holds a claim (lien) against the contractor's bond to ensure payment. It also provides information about the property's location and specifies the type of improvement and associated materials.

Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not contractually connected with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor's bond for protection on the work. FLA. STAT. 713.23(c) If a notice of commencement with the attached bond is not recorded before construction begins, the lienor not under contract with the contractor may, in the alternative, elect to serve the notice to the contractor up to 45 days after the date the lienor is served with a copy of the bond. Id.

Each situation is unique, so contact an attorney with questions about the Notice to Contractor or any other aspect of mechanic's liens in Florida.

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