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

[RPPTL CLC-Discussion]

Great answer Larry. In addition tohaving a right to the prime contract you
also have a right to a copy of the insurance policy or bond if there is one
of the project.

On Fri, Oct 2, 2020, 1:35 PM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

> 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
>
>
>
>
>
> *Edward J. Kinberg*
>
> *Attorney* | *Stewart Law CS, LLC.*
>
>
>
> p: 321-541-6845 a: 7341 Office Park Place, Suite 202, Melbourne, FL 32940
>
> w: StewartLawCS.com <https://stewartlawcs.com/>
>
>
>
>
>
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> On Fri, Oct 2, 2020 at 12:52 PM RPPTL CLC-Discussion <
> 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
>
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