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Home>Levelset Community>Legal Help>is it illegal to send a NOI if I missed sending a preliminary or other notice and I have lost my lien rights?

is it illegal to send a NOI if I missed sending a preliminary or other notice and I have lost my lien rights?

Florida

I am a supplier providing material to a job in FL. The Notice to Owner was not sent on time. Is it fraudulent to send an NOI anyways?

8 replies

Aug 17, 2021
It is not improper or illegal to send an untimely notice to owner. The purpose of the NTO is to follow the statutory scheme of perfecting lien rights.
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Aug 17, 2021

Thank you but I asked about the NOI. The NTO was not sent. Is it still ok to send an NOI in those circumstances?

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Aug 17, 2021
If you are referring to a Notice of Intent - such a document or requirement does not exist under Florida's Construction Lien Law. Notices to owner are required for trades and vendors who do not have a direct contract with the owner. When a payment bond is in place a Notice to Contractor is required if the party does not have a direct contract with the "bond" contractor. There can be other requirements depending whether the owner is a public entity; whether a person working on a job provides labor only, etc.
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Aug 17, 2021

My question must not be very clear, so I will rephrase. Was it improper to send the NOI if I did not send the NTO? Levelset offers an option to send an NOI on projects in FL. I took advantage of that and sent the NOI, but realized afterward I had not sent the NTO.

Another question based on your earlier response; can you clarify this: It is not improper or illegal to send an untimely notice to owner.   

Does that mean I can send an NTO even if its technically late?
 

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Aug 17, 2021
Yes you can. It might get you paid.
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Aug 17, 2021

Thank you. What about sending the NOI though?

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Aug 18, 2021
Forget the NOI. It is not an official or legally required document. The notice to owner is.
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Aug 18, 2021

Thank you for that. I still want an answer to my question though because I already sent it.

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