Notice of Commencement in Florida: Construction Disputes

When a payment stops on a Florida building job, the paperwork comes up fast. A notice of commencement is a document recorded in public records that identifies a construction project and the parties tied to it. That starting record often shapes how a construction payment dispute unfolds, so getting it right early matters. Whether it helps your claim depends on your contracts, your dates and the facts of the job.

What Is a Notice of Commencement in Florida?

A notice of commencement is a written notice recorded in the county’s public records when construction on a property is about to begin. It is not the same thing as a lien. A lien is a claim against property, while the notice is the record that frames the project. Think of it as the project’s starting record. Because it is recorded publicly, anyone who searches the property records can find it. That includes lenders, buyers and subcontractors checking who is involved in the work. When a payment dispute starts, many parties pull that record first and compare it with their own files.

What Information Does the Form Include?

The form names the project and the people tied to it, so every detail needs to be right. Typical entries include the owner’s name and address, the property’s legal description or address, and the general contractor’s name and address. If the project has a surety bond, its details usually appear too. If the work is financed, the lender is listed. The notice also names a person to receive notices and copies of documents. Errors matter. A wrong name, a mismatched address or a missing contractor can create questions later, when money is in dispute. If a contractor’s name changed, confirm which legal name the contract uses. Before recording, check every entry against the signed contract and the property records.

Who Signs It, and What Does Notarization Do?

Florida defines “physical presence” as being in the same location as the other person, close enough to see, hear and exchange credentials with them (Fla. Stat. § 117.201). Florida law defines online notarization as a notarial act performed electronically, where the signer or any witness appears before the notary through audio-video communication technology (Fla. Stat. § 117.201). For an online notarization, the notary must confirm the identity of the principal and any witness appearing online at the time the signature is taken, using audio-video communication technology, and record the two-way audio-video conference session between the notary and the principal and any witnesses (Fla. Stat. § 117.265). For online notarizations, Florida law says a failure to follow the procedures does not impair the notarial act’s validity. That failure can still be introduced as evidence to establish violations of this chapter or as an indication of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or unconscionability, or for other evidentiary purposes. Keep the signed original and the recording receipt together.

When Is It Recorded, and How Long Does It Last?

The recorded copy is where the timing answers sit. Pull the recording date and any end date from the county clerk’s records before you rely on the notice. Then line those dates up against your own timeline. Note when your work started, when you sent any notices, and when payments came due. Don’t work from memory on these dates. Dates are the facts that tend to matter most in a payment dispute. If the notice lists an end date, flag it for review against the dates your work continued. Your own records should match the county’s copy.

How Does the Notice Affect Lien Priority?

The notice’s recording date often becomes a central question when more than one party claims the same property. Contractors, subcontractors, suppliers, lenders and buyers may each hold a competing claim. The timing of each party’s work, deliveries and notices can matter on any project. Each of those steps carries a date. In a dispute, those dates are compared side by side, so a lien fight often becomes a dates fight. Lenders and buyers ask for the same records because they want to know what ranks ahead of them. Sorting those records early makes the dispute easier to read.

Who Must Be Notified and Paid on the Project?

Payment duties come from contracts, and the notice shows how the project parties connect. The owner pays the general contractor under their contract. The general contractor pays subcontractors and suppliers under their own contracts. A subcontractor’s claim usually starts with its subcontract, the work it delivered and the notices it sent. Consider a common case. The owner pays the general contractor, but a subcontractor is still unpaid. The first questions are what the subcontract says, what work was delivered and which notices went out. Keep copies of every payment application and delivery ticket. They show what was billed and when. Owner payment records and contractor payment records are often reviewed together, because those two sets of records show where the money went.

Where Do These Issues Show Up in Construction Disputes?

These issues usually come up when money is owed and each side blames the other. Common situations include an unpaid subcontractor after the general contractor is paid, an owner who disputes a lien claim, a lender or buyer asking about project priority, and a contractor facing lien foreclosure. The available claim depends on the contract. When an express contract covers the same subject, Florida courts have held that claims from that relationship will not support unjust enrichment (Williams v. Johnson). Unjust enrichment requires a benefit conferred, the defendant’s appreciation of it, and retention under inequitable circumstances (Pincus v. American Traffic Solutions). An oral contract still needs offer, acceptance, consideration and sufficient terms (St. Joe Corp. v. McIver). A fraudulent-inducement claim requires a false statement of material fact, the speaker’s knowledge, intent to induce, and injury from reliance (Frutafino v. Dole Chile). Readers should check contract terms before choosing a theory. Construction litigation covers contractor and subcontractor disputes, lien foreclosure and construction contract fraud.

What Should You Gather, and How Can the Firm Help?

Start by collecting the recorded notice, your contracts, payment applications, lien notices and a dated list of the work. Put them in one place before you make any calls. Ayala Law PA’s office is at 1646 W Snow Ave in Tampa, Florida. This page covers businesses in Tampa, Hillsborough County and the Tampa Bay area. Eduardo A. Maura is the responsible lawyer for this page.

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