Purpose of a Notice to Owner in Florida

The purpose of a statutory notice to owner is to protect an owner from the possibility of paying their contractor monies that are intended to be paid to subcontractors and/or materialmen who remain unpaid. A notice to owner informs the owner that the materialman or subcontractor is expecting payment for labor and/or materials incorporated into the owner’s real property. The notice to owner form provided in Section 713.06, Florida Statutes, should be completed accurately. It should also include a correct legal description. However, Florida law provides that even if the notice to owner is not accurately completed it may be sufficient unless a person has been adversely affected by the error.

Picture of Barry Kalmanson, Esq

Barry Kalmanson, Esq

Mr. Kalmanson has concentrated his practice in the construction industry for more than 30 years. His emphasis is on the representation of subcontractors and materialmen. He has represented parties in thousands of construction lien, payment bond actions and construction payment disputes. In addition to being a licensed attorney and a State of Florida Certified building Contractor for more than 30 years, Mr. Kalmanson served as Chairman of the State of Florida Construction Industry Licensing Board pursuant to a gubernational appointment and Senate confirmation. He also served as a subject matter expert composing construction lien law test questions for the Department of Business and Professional Regulation's construction licensure examinations. For more than 25 years, Mr. Kalmanson has served as counsel for the ICPC - Florida Improved Construction Practices committee, Construction Lien Law (icpc-florida.com). He is a frequent lecturer on the Construction Lien Law and has published numerous articles and a book on the subject.

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