What Is a Notice of Commencement? A Subcontractor's Plain-English Guide
A Notice of Commencement (NOC) is a document recorded by a property owner or general contractor at the start of a construction project that officially establishes the project's legal identity for lien purposes — and in states like Florida, it triggers the clock on your deadline to serve a preliminary lien notice. Under Fla. Stat. § 713.13, Florida owners are required to record an NOC before construction begins on projects exceeding $2,500. For subcontractors and suppliers, the NOC is not something you file — it's something you need to locate immediately, because your right to file a mechanics lien depends on information contained in it. In Florida, failing to serve a Notice to Owner within 45 days of first furnishing labor or materials eliminates your lien rights entirely on that project.
What Does a Notice of Commencement Actually Contain?
A Notice of Commencement is a recorded legal document that identifies the key parties and property information for a specific construction project. Under Fla. Stat. § 713.13(1)(a), a Florida NOC must include the legal description of the property, the owner's name and address, the general contractor's name and address, the construction lender's name and address (if applicable), a surety bond number (if a bond was posted), and the permit number. Some states call this document by different names — in Georgia it's also called a Notice of Commencement, in Ohio it triggers the same lien framework, but in California the equivalent starting point is the recording of a Notice of Completion or the project's first-furnishing date rather than a separate NOC. Regardless of what your state calls it, the NOC is the legal anchor for the entire project's lien chain.
Why Does the NOC Matter So Much to Subcontractors?
The NOC matters because it contains the information you need to correctly address your preliminary lien notice. If you serve your Notice to Owner (Florida) or 20-day preliminary notice (California, Arizona) to the wrong party or wrong address, the notice is legally defective — even if you mailed it on time. The NOC names the owner of record, the designated address for lien notices, and whether there's a construction lender who also needs to be notified. Getting those details wrong is the same as not filing at all.
Who Records the Notice of Commencement?
The property owner — or their authorized agent — records the Notice of Commencement, not the subcontractor. Under Fla. Stat. § 713.13(1), the owner must record the NOC in the county where the property is located before commencing construction, or before recommencing after a lapse of more than 90 days. The general contractor often handles this on the owner's behalf as a practical matter, but the legal obligation sits with the owner. If the owner fails to record an NOC before construction starts on a Florida project over $2,500, they can face penalties and complications with permit issuance — many counties now require a recorded NOC before pulling a building permit.
What If No NOC Was Filed?
If no NOC was recorded, your preliminary notice deadlines and lien rights don't disappear — but you need to be more careful. In Florida, if an owner fails to record an NOC, a lienor who serves a Notice to Owner on the owner's actual address is still protected. The absence of an NOC can also expose the owner to greater lien liability, since the lien chain framework breaks down without it. If you show up to a job and can't find an NOC recorded, treat that as a red flag. Look up the county property appraiser records, check the building department permit file, and consider contacting the GC directly to get the owner's information before you deliver a single dollar of work.
How Does the NOC Trigger Your Preliminary Notice Deadline?
In Florida, your 45-day Notice to Owner deadline runs from the date you first furnish labor, materials, or equipment — not from the date the NOC is recorded. But the NOC determines who you serve, where you serve them, and what project details appear on your notice. Under Fla. Stat. § 713.06(2)(c), a sub-subcontractor or materialman not in privity with the owner must serve a written Notice to Owner within 45 days of first furnishing. The NOC is the source document for three critical fields on that notice: the owner's name and address, the general contractor's name and address, and the legal property description. Miss any of those fields or get them wrong, and your notice fails — even if it was mailed on time.
In California, the triggering document works differently. There's no statewide NOC requirement. Instead, under Cal. Civ. Code § 8200, any claimant not in direct contract with the owner must serve a 20-day preliminary notice within 20 days of first furnishing. The project owner's and GC's information comes from the building permit, the contract documents, or the construction lender's recorded deed of trust — not a standalone NOC.
Where Do You Find the Notice of Commencement?
The NOC is a public record filed with the county clerk or recorder's office in the county where the project is located. In Florida, it's recorded with the Clerk of Court and indexed under the property's legal description. Here's exactly where to look:
- Florida: Search the county clerk's official records by property address or legal description. Most Florida counties have free online search portals. Alachua, Broward, Duval, Miami-Dade, Orange, Palm Beach, and Hillsborough all have searchable online databases.
- Georgia: Filed with the county Superior Court clerk's office. Georgia Code § 44-14-361.5 requires the NOC to be filed before the first work begins.
- Ohio: Filed with the county recorder under Ohio Rev. Code § 1311.04. The NOC must be filed before a subcontractor can enforce lien rights.
If the GC or owner won't give you a copy, go get it yourself. It's public record. Walking onto a job site without locating the NOC first is like starting work before you've seen the contract — it leaves you exposed.
Can You Request the NOC From the General Contractor?
Yes, and in Florida you're legally entitled to it. Under Fla. Stat. § 713.13(5), the owner is required to post a certified copy of the NOC at the job site before construction begins. If it's not posted, you can demand a copy from the owner or GC. If they refuse or can't produce one, document that refusal in writing. In practice, if you're an electrical sub or plumbing sub working for a GC on a commercial project, the GC's project manager should be able to hand you the NOC on day one. If they can't, that's a problem worth escalating before you start furnishing.
How Do Subcontractors Use the NOC to Protect Lien Rights?
You use the NOC as the source of truth for filling out your preliminary lien notice correctly. Here's the workflow:
- Locate the NOC before or on the day you first furnish labor or materials.
- Pull the owner's name and mailing address exactly as listed on the NOC.
- Pull the GC's name and address from the NOC.
- Identify the construction lender, if listed. Florida requires you to serve the lender too under Fla. Stat. § 713.06(2)(a).
- Record your first-furnishing date — this starts your 45-day clock in Florida, or 20-day clock in California and Arizona.
- Prepare and serve your preliminary notice via certified mail, return receipt requested, or another approved method before the deadline.
According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days. Your preliminary notice doesn't guarantee payment, but it preserves your right to enforce a mechanics lien if payment doesn't come — and a recorded lien on the property creates real leverage.
What Happens If the NOC Contains Errors?
If the recorded NOC contains incorrect information — wrong owner address, misspelled legal description, outdated lender information — that's the owner's problem to fix, but it becomes your problem if you rely on bad data. Under Florida law, if an owner's NOC contains inaccurate or incomplete information that causes a lienor to serve notice to the wrong party, courts have generally held the owner responsible for the consequences. Still, you don't want to be the test case. If something looks wrong on the NOC — for example, the property address doesn't match what's on your contract — flag it with the GC or owner in writing before you finalize your preliminary notice.
Also be aware: NOCs expire. Under Fla. Stat. § 713.13(4), a Florida NOC is effective for one year from the date of recording unless a different date is specified. If a project drags on past the expiration date, a new NOC must be recorded. If new work begins under an expired NOC, lien rights for that period are at risk unless the owner files a Notice of Recommencement or a new NOC.
Does Every State Use a Notice of Commencement?
No. The NOC is a state-specific mechanism, and not every state uses one. Here's a quick breakdown for the states LienFlash currently covers:
| State | NOC Required? | Equivalent Trigger |
|---|---|---|
| Florida | Yes — Fla. Stat. § 713.13 | NOC recorded before construction |
| California | No | First furnishing date; Cal. Civ. Code § 8200 |
| Arizona | No | First furnishing date; A.R.S. § 33-992.01 |
| Nevada | No | First furnishing date; NRS § 108.245 |
| Washington | No | First furnishing date; RCW § 60.04.031 |
| Oregon | No | First furnishing date; ORS § 87.021 |
Even in states without an NOC requirement, the underlying principle is the same: your preliminary notice deadline starts running from the day you first put boots on the job or deliver materials. Miss that window and you lose your lien rights — full stop.
How Much Does This Actually Cost You If You Skip It?
Let's run the math bluntly. A single preliminary notice through LienFlash costs $24.99. If that notice preserves your lien rights on a $15,000 subcontract that otherwise goes unpaid, the return on that $24.99 is over 60,000%. On a $75,000 subcontract, it exceeds 300,000%. According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024 — roughly 14% added to total construction spending. You are not immune to that statistic. Every electrical sub, plumber, roofer, drywall crew, and HVAC contractor working from a subcontract is one unpaid invoice away from needing a lien. The preliminary notice is how you make sure that lien is available to you when you need it.
The $24.99 isn't the question. The question is whether the job is worth protecting. If you showed up and did the work, the answer is yes.
Frequently Asked Questions
Is a Notice of Commencement the same as a preliminary notice?
No. A Notice of Commencement is filed by the property owner or their agent to officially open a project in the public record. A preliminary notice (also called a Notice to Owner, 20-day notice, or prelim) is filed by a subcontractor or supplier to preserve their right to file a mechanics lien. The NOC is the source document subcontractors use to correctly prepare and address their preliminary notice.
Does a subcontractor need to file a Notice of Commencement?
No. Subcontractors do not file the NOC — the property owner does. What subcontractors must file is a preliminary lien notice (such as Florida's Notice to Owner or California's 20-day preliminary notice) within the deadline triggered by their first-furnishing date. Failing to serve this notice eliminates lien rights.
What is the deadline for serving a Notice to Owner in Florida?
Under Fla. Stat. § 713.06(2)(c), Florida subcontractors and suppliers not in direct contract with the owner must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials. There is no grace period. If you miss the 45-day window, you lose your right to file a mechanics lien on that project.
What happens if the owner never recorded a Notice of Commencement?
In Florida, the owner is required to record an NOC before construction begins on projects exceeding $2,500. If no NOC was recorded, your lien rights are not automatically lost, but you must serve your Notice to Owner using the owner's actual address obtained through other means (permit records, property appraiser, direct inquiry). Document your efforts to locate the owner's information if no NOC is on record.
Where is the Notice of Commencement recorded?
In Florida, the NOC is recorded with the Clerk of Court in the county where the project is located. It becomes a public record indexed under the property's legal description. Most Florida counties offer free online search of official records where you can pull the NOC by address. In Georgia, it's filed with the Superior Court clerk; in Ohio, with the county recorder.
Does a Notice of Commencement expire?
Yes, in Florida. Under Fla. Stat. § 713.13(4), an NOC expires one year from the date of recording unless the owner specifies a different completion date. If a project extends past the NOC's expiration, the owner must file a Notice of Recommencement or a new NOC. Subcontractors who begin work after an NOC expires are working outside the original lien framework — verify the NOC is still active before you start.
Can I serve a preliminary notice without having the NOC?
You can serve a preliminary notice using the owner's information obtained from other sources (building permit, property appraiser, contract documents) if the NOC isn't available. However, if a Florida NOC has been recorded, you are expected to use the information on it. Serving notice to an address that differs from the NOC's listed address creates legal risk. Always pull the recorded NOC first.
Do I need to serve a preliminary notice on commercial jobs?
Yes. In Florida, the Notice to Owner requirement under Fla. Stat. § 713.06 applies to both residential and commercial projects. In California, Cal. Civ. Code § 8200 applies to all private works regardless of project type. There is no commercial exemption for subcontractors and suppliers who are not in direct contract with the property owner.
Protect Your Lien Rights Before the Clock Runs Out
Your preliminary notice deadline starts the day you first furnish. Not the day you sign the contract. Not the day the GC says work is officially starting. The day you put materials on site or your crew shows up. Use LienFlash's free deadline calculator to enter your first-furnishing date and state — it returns your exact filing deadline in seconds, so you're not guessing.
Filing takes about two minutes. LienFlash generates a state-compliant, attorney-reviewed notice, mails it via USPS Certified Mail, and sends you a Certificate of Mailing PDF you can put in your job file the same day. Single notices are $24.99. If you're running multiple jobs, the Pro plan at $49/month covers three notices plus deadline alerts across all your active projects.
Don't wait until payment stops to think about your lien rights. By then, you may have already lost them.