Florida Notice of Commencement 2026 — New Construction Lien Protection Buyer Guide

Buying a new build in Florida? The Notice of Commencement is a legal document that sets the clock on construction liens — and if the builder's subcontractors weren't paid, those liens can follow the property directly to you. Here's everything you need to know before closing.

What Is a Florida Notice of Commencement?

A Notice of Commencement (NOC) is a legal document required by Florida Statute §713.13 before construction begins on any improvement to real property valued at more than $2,500. It is recorded in the official public records of the county where the property is located — typically by the property owner, though a general contractor may record it on the owner's behalf if authorized.

The NOC functions as public notice that a construction project has started. It establishes a clear record in the public files that identifies the property, the owner, the contractor, and the project — creating the framework that governs how construction liens may be filed by subcontractors, sub-subcontractors, and material suppliers throughout the life of the project.

What the Notice of Commencement Contains

Under §713.13, a valid Florida NOC must include specific information. Buyers reviewing an NOC should look for all of these fields:

• Legal description of the property — the full legal description from the deed, not just a street address
• General description of the improvement — what is being built or improved (e.g., "construction of a single-family residence")
• Name and address of the property owner — who owns the land at the time of construction (often the builder/developer in a new construction scenario)
• Name and address of the contractor — the licensed general contractor responsible for the project
• Name and address of the surety — if a payment bond or performance bond has been posted, this is listed; the bond amount and bond number must be included
• Name and address of any lender — a construction lender providing financing for the project must be identified
• Expiration date — the NOC is effective for one year from recording unless a shorter period is stated; it can be extended by recording a Notice of Recommencement before it expires
• Designation of a person within the state as an agent for service (optional but permitted)

The NOC must be signed by the owner and notarized. Once recorded with the county clerk, it is publicly searchable — typically in the county's Official Records database online.

Who Files It and When

The property owner is the party legally required to record the NOC. In a new construction home purchase where a developer or builder owns the land and constructs the home before selling it, the builder is the owner during construction and must file the NOC before any work begins.

In a "build on your lot" or custom home scenario where a buyer owns the land and hires a general contractor, the buyer-as-owner must record the NOC — or must specifically authorize the general contractor in writing to do so on their behalf. Many builders handle this filing as a routine part of the construction process, but buyers should confirm it was filed and search the county records to verify.

Why It Matters for Buyers: The Lien Priority Problem

Florida's Construction Lien Law gives every subcontractor, sub-subcontractor, laborer, and material supplier who works on a project the right to file a lien against the property if they are not paid — even if the property owner paid the general contractor in full. This is the core risk in new construction purchases that buyers frequently underestimate.

The payment chain in a construction project typically flows like this:

If the general contractor takes the buyer's (or builder's) money but fails to pay the electrician, the roofing crew, or the lumber supplier, those parties have 90 days from the date they last furnished labor or materials to file a construction lien against the property. That lien attaches to the real property — not to the contractor's personal assets. If the lien is not released before your closing, it becomes your problem as the new owner.

The Notice to Owner: The Sub's First Step

Before a subcontractor or material supplier can file a valid construction lien in Florida, they must first serve a Notice to Owner (NTO) on the property owner and the general contractor. The NTO must be served within 45 days of the sub first furnishing labor or materials to the project.

As a new construction buyer, you should know:

• The NOC is what triggers the NTO requirement — subs serving an NTO must send it to the owner identified in the NOC
• If you are buying a completed spec home, the seller (builder/developer) should have received all NTOs served during construction
• Request from the builder a list of all NTOs received during the project — this tells you exactly which subcontractors and suppliers have preserved their lien rights and must provide releases before closing
• A sub who failed to serve an NTO within 45 days loses their lien rights (with exceptions for those with a direct contract with the owner) — but you should not assume this happened without documentation

Buyer Due Diligence Checklist: What to Do Before Closing

1. Verify the NOC Was Filed and Is in the Public Record

Search the county's Official Records (usually searchable free online through the county clerk's website) for a Notice of Commencement recorded for your property's legal description. Confirm: it was recorded before construction started, the contractor named matches who built your home, and it has not expired (or was properly recommenced if construction took more than one year).

2. Confirm the NOC Termination Is Recorded at Closing

At or before your closing, the property owner (builder/developer) should record a Notice of Termination of the NOC (under §713.132). This formally ends the open lien period and signals that no further lien rights are being established under that NOC. If the NOC is still open at closing, you face ongoing lien exposure from any work that occurred under it.

3. Request a List of All NTOs Received by the Builder

The builder should maintain a log of every Notice to Owner received during construction. Each party on that list has preserved their lien rights and must provide a lien release or waiver before you close. If the builder cannot produce this list, treat it as a serious red flag.

4. Collect Lien Releases and Waivers from All Subcontractors and Suppliers

Your title company and real estate attorney should collect — at minimum:

• Final unconditional lien releases from all subcontractors and material suppliers who served NTOs and have been paid in full
• Conditional lien waivers from any subs or suppliers who will be paid from closing proceeds — conditioned on the funds actually being disbursed
• General contractor's final lien release — confirming the GC has received full payment and waives any remaining lien rights

5. Request the Owner's Affidavit from the Builder at Closing

Under Florida law, the seller/builder at a new construction closing typically provides an Owner's Affidavit (sometimes called a No-Lien Affidavit). In this affidavit, the builder swears under oath that all contractors, subcontractors, laborers, and material suppliers have been paid in full (or identifies any who have not and provides for holdbacks or indemnification). The title company uses this as part of insuring clean title to you. While it is not a substitute for actual lien releases, it creates legal liability for the builder if the affidavit is false.

6. Order a Lien and Permit Search Through Your Title Agent

Your title agent or real estate attorney should conduct a lien search of the public records specifically for any recorded construction liens against the property. Additionally, a permit search with the local building department confirms all permits were pulled and have been closed out with a final inspection — open permits are a separate but related issue that can affect your ability to sell, refinance, or insure the home later.

The Owner's Affidavit and Final Lien Releases at Closing

The closing table on a new construction purchase should include a package of lien-related documents. The key components and what they accomplish:

If any of these documents is missing at your closing, your title agent should explain why and how the gap is being addressed — through a holdback, indemnification, or title insurance coverage. Do not close with open lien exposure and no clear resolution plan in place.

Title Insurance and the NOC: Your Backstop, Not Your Strategy

Florida title insurance — both the lender's policy (required by most mortgage lenders) and the owner's policy (strongly recommended for buyers) — covers losses arising from construction liens that were not disclosed or discovered before closing. If a subcontractor files a lien six months after you move in for work done before closing, your title insurance policy should cover the legal defense costs and any judgment or settlement arising from that claim.

However, relying on title insurance as your primary protection against construction liens is the wrong approach for three reasons:

• Title insurance doesn't prevent the lien — it just pays for the aftermath. A disputed lien can cloud your title, make refinancing difficult, and create stress and legal bills even if you ultimately prevail through your insurance.
• Exceptions may apply — if a lien was known, disclosed, or could have been discovered through reasonable due diligence, your title insurer may contest the claim. Read your title commitment carefully for any Schedule B exceptions related to mechanic's liens or construction activity.
• The process takes time — resolving a disputed lien through a title insurance claim can take months or longer. Doing the pre-closing due diligence takes days.

Frequently Asked Questions