1. Notice to Owner is required for subcontractors and material suppliers in Florida in order to protect their lien rights.
2. The purpose of the Notice to Owner is to inform the Owner that the subcontractor is providing labor, services, or materials for the improvement of the property.
3. Failure to timely serve a Notice to Owner can be a complete defense to enforcing a construction lien.
4. The Notice to Owner must be served before furnishing labor, services, or materials, and not later than 45 days after providing them.
5. The Notice to Owner is effective as of the date it was placed in the mail, provided it was mailed within 40 days of the first day of providing labor, services, and materials.
6. There are exceptions to serving a Notice to Owner, such as when a lienor is in direct privity with the Owner. 1. The owner’s agent binds the owner, and the agent’s knowledge is imputed to the owner.
2. A common identity between the owner and general contractor means the owner and contractor are considered the same entity.
3. Horizontal improvements or infrastructure work on a subdivision, as well as working as a supplier or subcontractor to such a contractor, requires compliance with Chapter 713.04, Florida Statutes.
4. Federal projects are not subject to Chapter 713, Florida Statutes.
5. Laborers are not required to file a Notice to Owner.
6. Professional lienors, such as architects, landscape architects, interior designers, engineers, and surveyors, are not required to file a Notice to Owner.
7. Florida’s Construction Lien Law does not apply to direct contracts between the owner and contractor of $2,500 or less.
8. Sovereign Indian Tribal Lands are not governed by Chapter 713 and are granted sovereign immunity. It is advisable for the contractor to have the Indian Tribe waive sovereign immunity in the contract.
https://www.jimersonfirm.com/blog/2016/02/notice-to-owner-exceptions-to-serving-in-florida/
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