What A Notice Of Commencement Is And Why You Might Have To Sign One

What it is

A Notice of Commencement (NOC) is a document recorded in the county's official records before work begins on an improvement to real property. It is created by Florida's Construction Lien Law, section 713.13 of the Florida Statutes. It identifies the property, the owner, the contractor, the lender if any, and a description of the work, and it states when the work is beginning.

Why it exists

Florida's lien law gives contractors, subcontractors and suppliers the right to lien a property if they are not paid for work or materials that improved it. The Notice of Commencement is the starting gun for that process: it fixes the date the improvement began, which sets the timelines for the notices and liens that may follow, and it tells everyone downstream - the supplier who delivers your shingles, the sub who does the sheet metal - who the owner and contractor are so they know where to send their notices.

When it is required

The statute ties the requirement to the value of the direct contract; above the threshold set in the statute, a Notice of Commencement is required, and the building department will not schedule the first inspection on a permit until one is recorded. Most full re-roofs are above that threshold. Small repairs generally are not. Your contractor and the permit office will know which side of the line your job is on.

Who signs it

The owner - that is the part that catches people out. The contractor usually prepares it, but the owner signs it, it is notarised, and it is recorded with the Clerk of Court. A certified copy is then posted at the job site along with the permit.

Why it protects you

Because once it is recorded, the clock is running and the rules are clear. The lien law also requires that anyone not in direct contract with you (a supplier, a sub) serve you a Notice to Owner within a set period if they want to preserve lien rights. That notice tells you who is owed money on your job by your contractor - so you can make sure they are paid, or withhold accordingly, before you make final payment. Without a recorded NOC and its dates, that system does not work as designed.

What to do with it

• Read it. Check the property description, your name, and the contractor's name and licence number are right.
• Keep a copy with your roof records, alongside the permit and the final inspection.
• Before final payment, ask the contractor for a final release of lien, and for releases from any supplier or sub who served you a Notice to Owner.

This is a description of how the process works, not legal advice. If you have a question about your own situation, the Clerk of Court and a Florida construction attorney are the right sources.

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