Beginning in 1991, an owner has been allowed to terminate a Notice of Commencement by recording a sworn Notice of Termination of the Notice of Commencement. Prior to recording the Notice of Termination, the owner must serve a copy of the Notice of Termination upon the contractor and every lienor who has served a Notice To Owner, except for lienors who have executed a waiver and release of lien upon final payment. The recorded Notice of Termination must be accompanied by the Contractor's Final Affidavit. The Notice of Termination cannot be used unless the construction has been completed, or construction has been terminated and all lienors have been paid in full, or pro rata, as provided for under the proper payments defense portions of the statutes, as described more fully above. The Notice of Termination must state the effective date of termination of construction, which date can be no earlier than thirty (30) days after the notice is recorded. There are many potential pitfalls involved in the termination of a Notice of Commencement and such action should not be undertaken without advice of competent counsel.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.