---
title: Notice of Commencement: Why Subs Need to Pull One Before Day One
slug: notice-of-commencement-subcontractors-guide
description: Learn what a notice of commencement is, why subcontractors must pull one before starting work, and how it protects your lien rights. Powered by LienFlash.
published: 2026-06-13T16:10:31.568Z
updated: 2026-06-13T16:10:31.568Z
canonical: https://lienflash.app/blog/notice-of-commencement-subcontractors-guide
author: Grant Larsen
publisher: LienFlash
---

# Notice of Commencement: Why Subs Need to Pull One Before Day One

A Notice of Commencement (NOC) is a recorded legal document — filed by the property owner or general contractor — that officially kicks off a construction project and establishes the information subcontractors and suppliers need to preserve their mechanics lien rights. In Florida, where the NOC requirement is most strictly enforced under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html), subcontractors who fail to obtain a certified copy of the NOC before serving their Notice to Owner risk losing lien rights entirely. The NOC contains the property legal description, owner contact information, GC identity, construction lender details, and surety information — every field your preliminary notice requires to be legally valid. Without it, you are filing blind, and a defective notice is as useless as no notice at all.

## What Is a Notice of Commencement and What Does It Contain?

A Notice of Commencement is a recorded public document that formally announces a construction project is beginning on a specific parcel of real property. In Florida, it must be recorded in the county clerk's office before the first inspection or within 30 days of the owner's first payment to the GC, per [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(a). It must include:

- The legal description of the property
- The owner's name, address, and interest in the property
- The GC's name and address
- The name and address of the construction lender (if any)
- The name and address of the surety on the payment bond (if any)
- The owner's designation of a person other than themselves to receive lien notices (if applicable)
- Expiration date (typically 1 year from recording, unless a different date is stated)

Why does every one of those fields matter to you as a sub? Because Florida's Notice to Owner statute — [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c) — requires you to serve the NOO on the owner at the address shown on the NOC. If you use a wrong address because you never pulled the NOC, your notice is potentially defective.

## Why Is the Notice of Commencement the Sub's Responsibility to Pull — Not the GC's?

The GC typically records the NOC, but the legal obligation to obtain a certified copy and review it before filing your preliminary notice falls entirely on you, the subcontractor. No one is going to hand it to you. Under Florida law, the owner is required to post a certified copy of the NOC at the job site, but "posted at the job site" and "handed to every sub" are not the same thing. If the posted copy is missing, weathered, or incomplete, that is not a defense you want to rely on in a lien dispute.

In practice, you have three ways to pull the NOC:

1. **County recorder's website** — Most Florida counties (Miami-Dade, Broward, Orange, Hillsborough, etc.) have searchable online recording databases. Search by property address or legal description.
2. **Job site** — The owner is required to post a certified copy under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(f). Ask the GC or site super where it is.
3. **Ask the GC directly** — Request a certified copy before you mobilize. Document the request in writing.

If the owner fails to record an NOC and you cannot locate one, that has its own legal implications. Under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(6), if no NOC is recorded, the owner loses certain protections and your lien rights may be extended. But "may be extended" is not a payment strategy. Pull the NOC first.

## How Does the Notice of Commencement Affect Your Preliminary Notice Deadline?

In Florida, subcontractors and suppliers who have no direct contract with the owner must serve a Notice to Owner (NTO) no later than 45 days after first furnishing labor or materials to the project, per [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). That 45-day clock starts ticking from the day you first show up and work — not from when you signed the contract, not from when the GC mobilized.

[Florida lien resources](/resources/florida-notice-to-owner)

The NOC directly determines the accuracy of your NTO because it provides the correct legal information for service. Specifically:

- **Owner's name and address for service** — If the owner designated an agent on the NOC, you serve that agent, not the owner directly.
- **Construction lender information** — If a lender is listed, you must also serve the NTO on the lender. Miss that service and your lien rights against the lender's interest are compromised.
- **GC's name and address** — Required on your NTO form.
- **Surety information** — If there is a payment bond, your rights may run against the bond rather than the property, and the NOC tells you who the surety is.

A subcontractor who files an NTO without reviewing the NOC may use the wrong owner address, omit the lender, or name the wrong GC. Any of those errors can be used against you if you ever need to enforce a lien.

Use the deadline calculator to confirm your exact NTO filing window before you start work:

[lien deadline calculator](/tools/lien-deadline-calculator)

## What Happens If No Notice of Commencement Has Been Recorded?

If no NOC has been recorded and you cannot find one, do not assume the project is exempt. Take these steps before proceeding:

**Step 1 — Verify the search.** Check the county recorder database, not just the job site. Search by parcel ID, address, and owner name. NOCs are sometimes indexed imperfectly.

**Step 2 — Ask the GC in writing.** Email or text the GC: "Please provide a certified copy of the recorded Notice of Commencement before we mobilize." Keep that message. If the GC cannot produce one, that is a red flag about how this job is being run.

**Step 3 — Contact the building department.** In Florida, many jurisdictions require a recorded NOC before issuing a building permit. The building department may have a copy on file.

**Step 4 — Proceed carefully.** If no NOC exists, [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(6) gives the owner a right to record a Notice of Recommencement. Under that scenario, your preliminary notice deadlines may reset. Understand what that means for your specific project before mobilizing.

**Step 5 — Serve your NTO early regardless.** Even without an NOC in hand, do not delay your NTO past the 45-day window. Use the best information available and document every attempt to obtain the NOC.

## Does the Notice of Commencement Apply Outside Florida?

Florida has the most explicit statutory framework tying the NOC to sub-tier lien rights, but similar recorded project commencement documents exist in other states under different names and with different requirements.

- **Arizona** — Arizona does not use an NOC in the same way, but Arizona subcontractors must serve a 20-day Preliminary Notice under [A.R.S. § 33-992.01](https://www.azleg.gov/ars/33/00992-01.htm) within 20 days of first furnishing. The notice information still comes from the building permit and county recorder records.
- **California** — No NOC requirement, but [Cal. Civ. Code § 8200](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=8200.) requires a 20-day preliminary notice. The owner and lender information needed for that notice must be pulled from the Notice of Cessation, building permit, or title records.
- **Washington** — Contractors must serve a Notice of Right to Claim Lien under [RCW 60.04.031](https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.031) before or within 60 days of first furnishing. Project information is sourced from the building permit.
- **Nevada** — A Notice of Right to Lien under [NRS 108.245](https://www.leg.state.nv.us/NRS/NRS-108.html#NRS108Sec245) must be served before or within 31 days of first furnishing on owner-occupied residences.
- **Oregon** — A Notice of Right to a Lien under [ORS 87.021](https://oregon.public.law/statutes/ors_87.021) must be served within 8 days of first furnishing on residential projects.

The principle is universal: before you start work, identify the property owner, the GC, and the lender, and confirm those identities against a recorded public document. The NOC is simply Florida's formal mechanism for doing that.

[lien deadline directory](/deadlines)

## What Are the Most Common Mistakes Subs Make With the Notice of Commencement?

The biggest mistake is not pulling the NOC at all and serving the NTO based on information from the GC's bid documents or a verbal conversation on-site. Here are the mistakes that cost subcontractors money:

**Using the wrong owner name.** The legal owner recorded on the NOC may be an LLC, a trust, or a holding company — not the individual you met at the pre-bid walk. Your NTO must match the legal owner of record.

**Using the wrong address.** If the owner designated an agent to receive notices on the NOC, your NTO must go to that agent. Sending it to the owner's personal address is defective service.

**Missing the lender.** A surprising number of subs serve the owner and GC but forget the construction lender because they never pulled the NOC. If there is a lender listed on the NOC, it must receive the NTO under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c).

**Using an expired NOC.** Florida NOCs expire one year from the recording date unless a different expiration is stated. If the project dragged on and the NOC expired, the owner was required to record a Notice of Recommencement. If they did not, that is a legal issue — but you still need to know about it before serving your NTO.

**Pulling the NOC once and never checking it again.** If the project ownership changes, the lender changes, or a new NOC is recorded after a recommencement, your NTO information must be updated.

According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days. Defective preliminary notices are one of the primary reasons subcontractors have no leverage when chasing those overdue payments. You cannot file a lien on a project where your NTO failed.

## How Do You File a Notice to Owner Once You Have the NOC?

Once you have the certified copy of the NOC in hand, the NTO process is straightforward:

1. **Extract the required information** — Owner's legal name and address (or designated agent), GC name and address, lender name and address (if listed), property legal description.
2. **Prepare the NTO on a compliant form** — Florida's NTO must meet the content requirements of [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(b). Using a non-compliant form or template is not a technicality — it is a defective notice.
3. **Serve by certified mail or personal delivery** — Florida requires service by registered or certified mail, with return receipt requested, or by personal delivery. Fax and email do not satisfy the statutory requirement.
4. **Document the mailing** — Keep the USPS Certified Mail tracking number, the Certificate of Mailing, and the Return Receipt (green card or electronic). These are your proof of service if you ever need to enforce.
5. **File within 45 days of first furnishing** — Not 46 days. Not "close to" 45 days. The statute is not flexible.

The cost of doing this right is minimal. A LienFlash single notice is $24.99 and includes an attorney-reviewed state-compliant form plus USPS Certified Mail with Certificate of Mailing delivered as a PDF. On a $30,000 subcontract, that $24.99 protects your entire receivable. According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024 — adding roughly 14% to total construction spending. Your $24.99 investment in a compliant NTO is your first line of defense against becoming part of that number.

## Frequently Asked Questions

### Who is required to record a Notice of Commencement in Florida?

The property owner is required to record the NOC in Florida under [Fla. Stat. § 713.13](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html)(1)(a), though in practice the general contractor typically handles the recording on the owner's behalf. The NOC must be recorded before the first inspection or within 30 days of the owner's first payment to the GC. Subcontractors do not record the NOC — they obtain a certified copy of it before serving their Notice to Owner.

### Can I serve a Notice to Owner without having a copy of the NOC?

You can, but you are taking on serious risk. Florida's NTO must be served on the owner at the address shown on the NOC. If you use an incorrect address — even by mistake — your NTO may be defective and your lien rights may be unenforceable. Always pull the NOC first. If you genuinely cannot locate one after searching the county recorder database and asking the GC in writing, document those efforts and use the most reliable information available, then serve as early as possible.

### What is the penalty for not serving a Notice to Owner in Florida?

Florida subcontractors and suppliers who do not have a direct contract with the property owner forfeit all mechanics lien rights if they fail to serve a timely NTO under [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c). There is no cure after the 45-day window closes. You cannot file a mechanics lien, and you lose your most powerful collection tool if the GC or owner fails to pay.

### Does a Notice of Commencement protect the sub, or just the owner?

The NOC primarily protects the owner by establishing a clear chain of project participants and limiting their liability to claims they have been properly notified of. But it protects the sub indirectly — it provides the accurate legal information the sub needs to file a valid NTO and preserve lien rights. Without a recorded NOC, the sub has no reliable source of truth for the owner's legal identity and notice address.

### How long is a Notice of Commencement valid in Florida?

A Florida NOC is valid for one year from the date of recording unless a different expiration date is specified on the document. If work continues beyond the expiration date, the owner must record a Notice of Recommencement. Subcontractors who begin work after an NOC has expired should verify whether a recommencement was recorded and serve a new NTO based on the updated document.

### Does a Notice of Commencement exist in states other than Florida?

Most states do not use the term "Notice of Commencement" but accomplish the same goal through building permits, recorded notices, or other public project documents. Arizona, California, Washington, Nevada, and Oregon all require preliminary notices from subcontractors, but the source documents for owner and lender information vary by state. The universal rule is: identify the property owner and lender from a recorded public source before serving your preliminary notice.

### What if the NOC lists a construction lender — do I have to serve them too?

Yes. In Florida, if a construction lender is listed on the NOC, your NTO must be served on the lender as well as the owner and GC. [Fla. Stat. § 713.06](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.06.html)(2)(c) is explicit on this point. Missing the lender does not invalidate your lien rights against the owner, but it does eliminate your rights against the lender's interest — which can be significant if the property is foreclosed or the owner's equity is insufficient to cover your claim.

### What does "first furnishing" mean for the 45-day NTO deadline?

First furnishing is the date you first provide labor, materials, or services to the project — the first day a crew member steps on site, the first delivery of materials, or the first day you perform any compensable work. It does not matter whether the GC has issued a Notice to Proceed. It does not matter whether you have a signed subcontract. The clock starts from the first day of actual performance. Track that date carefully and calculate your 45-day deadline from that moment.

## Protect Your Lien Rights Today

The window to protect your payment closes fast — and once it's gone, it's gone. If you are mobilizing on a new project this week, pull the NOC today, confirm the owner and lender information, and get your Notice to Owner filed before day 45 of first furnishing. LienFlash handles the whole process in under two minutes: attorney-reviewed form generation, USPS Certified Mail, and a Certificate of Mailing PDF delivered to your inbox.

[Start filing at LienFlash — $24.99 per notice, no subscription required.](/signup)

If you want to confirm your exact deadline before you start, run your project through the free deadline calculator first:

[lien deadline calculator](/tools/lien-deadline-calculator)

---

Source: https://lienflash.app/blog/notice-of-commencement-subcontractors-guide
Author: Grant Larsen, President, LienFlash
Publisher: LienFlash (https://lienflash.app)