The
content and form of the Notice To Owner should be in substantially
the same form provided by Florida Statutes section
713.06(2)(c) and must include the information and warning
provided in the statute as amended in 1999. If a lienor
substantially complies with the statutory provisions for
the Notice To Owner; however, errors or omissions in the
form will not prevent the enforcement of the Claim of Lien
against one who has not been adversely affected by the error
or omission. The 1999 amendment to the statute specifically
provided that the Notice To Owner form can be combined with
the required Notice To Contractor form for private projects
covered by a statutory payment bond under Florida Statutes
section 713.23 and state public projects covered by a statutory
bond under Florida Statutes section 255.05. The 2003
amendment to the statute modified the statutory warning
which must be included on the Notice To Owner form.
The
Florida Supreme Court has held that lay persons can prepare
Notices to Owner and Notices to Contractor (see the section
on construction payment bonds), as the preparation of such
forms does not constitute the practice of law. The Florida
Bar re Advisory Opinion - Nonlawyer Preparation, etc...,
544 So. 2d 1013 (Fla. 1989). Non-attorneys, including notice
service company employees, are prohibited, however, from
giving advise relating to the preparation or effect of the
Notice To Owner or Notice To Contractor.
While
the Notice To Owner form may appear simple, and self-explanatory,
in the combined experience of the attorneys of Moody
and Shea, P.A., in the vast majority of
instances where potential lienors have failed to preserve
their lien rights, it was the result of an error made by
the lienor in their attempt to prepare and serve their own
Notice To Owner. For this reason, among others, Moody
and Shea, P.A. has always recommended that
lienors use a professional notice service company, preferably
one with some form of errors and omissions insurance, for
preparing and serving Notices to Owner. Please see
the Contractor Resources page for more information on where
to find professional notice service companies.
Go
to Serving the Notice to Owner Form
Back to Establishing
a Construction Lien
Back
to Construction Liens
Back
to Contractor Resources
