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how to terminate a notice of commencement

Florida

I own a property and was contracting a window and doors installation for my property in November 2018 in 02/07/2019 i signed a notice of commencement that was later recorded in 10/02/2019 but no work has been done on the property ever since and I had apply for a ygreen loan that has been canceled so far , 90 DAYS AFTER THE NOTICE OF COMMENCEMENT NO WORK HAS BEEN DONE SO FAR AND WILL BE as I have no more business with contractor because he fails to pull permits and perform job on site. the notice is recorded and question is does it stand? because contractor says I owe him 10K even doe no job was done no permit expire or invalidated notice of commencement and no financing with Ygreen that was suppose to pay for the installations of my new door and impact windows. Now am refinancing the property and cant close because of the notice of commencement but title company does not seem to understand the law, and in order for me to get the contractor to sign the termination to file he wont because he says I cancel the contract and because of me,not true ,, he till today did not install windows, in fact the permits where rejected by the city and no permit was able to be pull because of ordinance with the city does why no windows where never installed, does why the ineffectiveness and invalidation of the notice of commencement , and problem is the underwriter does not want to close on refi? what to do? I do have the cancellation by Ygreen and have no funding for the job, plus I signed a contract in 2018 and in April 2020 I got tired of waiting for windows that where never going to be installed. Please can I file a termination of notice of commencement the notice was in fact filed by me to begin with but they did it for me as if i was the one doing it. I also discovered that Ygreen would not fund if there is no open permits and updated contract , please help with this. Thank you Mariano

1 reply

Jul 13, 2020

You need to recorded a notice of termination. The property owner is the one who needs to sign that, not the contractor, so you can sign it without the contractor. You must serve a copy of the notice of termination on the contractor, so you may want to consult the applicable statute or a construction attorney to make sure the termination is proper. 

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