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

Fri Oct 2 10:23:42 PDT 2020

Ed, 

There is often no issue.  The issue arises when there are multiple open notices of commencement for the same property.  However I have seen a few where a) the description of work in the NOC was less than accurate, or more than one open NOC shows the same work.

While there is no requirement to furnish a copy of the NOC, there is a duty to furnish a copy of the prime contract on request. (But nobody  asked that.)

If someone requests a copy of  a NOC, why would there be resistance to furnishing a copy?  The cost is nominal (or could be met with a reference to the OR Book and Page, or Clerk’s file number, of the appropriate NOC).  The cost of sorting it out when there is confusion about bad information in a lien is typically much more expensive and time consuming than sending a response to a request for NOC.

But then that would likely lead to less work for lawyers.  😊

Regards,

Larry R. Leiby

Larry R. Leiby, Esq.

Adjunct Professor, Florida International University College of Law

Florida Bar Board Certified Construction Law Expert

Emeritus Fellow, American College of Commercial Arbitrators

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, October 02, 2020 1:11 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Question - Requests for Copy of NOC

I'm not aware of a requirement for the notice of commencement to be provided.  the NOC is a public record that anyone can view. on line.  We always tell builders to look at the notice of commencement to confirm property description and ownership or they may have a bad NTO or pull up the NOC and email to the client if they ask us to.

Ed

  <https://docs.google.com/uc?export=download&id=1KalMQW05id6VH9XGGOU4m_4qGNKHkGKe&revid=0B5E1kpjo603nd2NmVXNnalQva01PMkZuZnp1RkFJcmpRZ1M4PQ> 

Edward J. Kinberg

Attorney | Stewart Law CS, LLC. 

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On Fri, Oct 2, 2020 at 12:52 PM RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org> > wrote:

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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