[CLC-Discussion] Question - Requests for Copy of NOC

[RPPTL CLC-Discussion]

If NTO is on a form also intended for use in Georgia, which some of the NTO companies use, are they have a statute there that requires the NTO and bond be provided upon request.


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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 1:06 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Question - Requests for Copy of NOC

[EXTERNAL EMAIL]
________________________________
Hi Leslie- Hope you are well. Though Chapter 713 does not require that a copy be provided, often there are multiple NOC’s still active on the property, or if the project covers more than one parcel, etc. In the event the lienor gives notice according to info on the wrong NOC, it imperils the lien claim.  Asking the owner to confirm by identifying the NOC, can be a benefit to the lienholder, and if they guess wrong, and the Owner did not provide the requested copy could be argued as an estoppel against flaws in the NTO.

Kimberly A. Ashby
Foley & Lardner LLP
111 North Orange Avenue
Orlando, Florida 32801
D. 407-244-3265  c. 407-619-3492

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 2, 2020 12:41 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Question - Requests for Copy of NOC

** EXTERNAL EMAIL MESSAGE **
Quick question:

We have noticed recently that the typical “Notice to Owner/Notice to Contractor” forms our Owner clients are receiving from lower tiers now include a separate notice requesting that a copy of the Notice of Commencement for the project at issue be mailed to the sender.  Does anyone know of any statutory or other legal requirement that an Owner respond to these types of separate notices by printing out and sending a copy of the NOC?  Isn’t the whole purpose of recording the NOC that  you are putting the world on notice?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
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