[CLC-Discussion] FW: Question about Terminating a Notice of Commencement

[leslie.tomczak at akerman.com]

Sec. 713.132(3), Fla. Stat. says that an owner cannot record a Notice of Termination of Notice of Commencement “except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with § 713.06<http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=713.06&URL=0700-0799/0713/Sections/0713.06.html>(4).”  What happens if the Owner has to terminate the GC for default (defective work, work performed without a license, etc.), does not plan to pay for the defective work and, therefore, cannot represent in a Notice of Termination that "all lienors have been paid"?  We expect that there is not going to be an amicable "break-up" here and Owner needs to hire a new GC to finish/fix the Work and will need to file a new NOC for that work.  What should Owner do re: the old NOC?
I know that this happens all the time…….  any insight?  Thx in advance!

Leslie Miller Tomczak, LEED AP
Board Certified by The Florida Bar in Construction Law
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8926 | Main: 954.463.2700 | Fax: 954.463.2224
leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>

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