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Misinformation in NOC? Your Florida Construction Lien May Be Enforceable

Where a lienor detrimentally relies upon misinformation contained in the notice of commencement such as an incorrect description of the real property when preparing its lien-related filings, the property owner is estopped from relying upon the lienor’s use of the misinformation as a defense. See Symons Corp. V. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254, 1259 (Fla. 4th DCA 1984). This case held that the owner was estopped from denying receipt of a Notice to Owner if the lienor detrimentally relied upon incorrect information set forth in the Notice of Commencement.

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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