The Miami Dade Notice of Commencement is an essential document that informs the public about the start of a construction project within Miami-Dade County, Florida. This form, vital under Chapter 713 of the Florida Statutes, requires detailed information about the project, including legal descriptions, contractor details, and lien information. It is a critical step in protecting property owners' rights and ensuring transparency in construction activities. To learn more about filling out the Miami Dade Notice of Commencement, consider clicking the button below.
When embarking on a construction or remodeling project in Miami-Dade County, one crucial document that cannot be overlooked is the Miami Dade Notice of Commencement form. This document, vital under Chapter 713 of the Florida Statutes, plays a pivotal role in the construction process, as it must be recorded and visibly posted on the job site before the first inspection occurs. It serves multiple purposes: firstly, it officially notifies the state that construction work is about to start on the property described within the form; secondly, it details the legal description of the property, the nature of the improvements, the owner's details, and the contractor's information, among other key data points. The Notice of Commencement is essential not just for procedural compliance but also serves as a protective measure for property owners, helping to ensure transparency around who is working on the project and outlining the financial and legal responsibilities involved. It warns owners about the implications of improper payments after the document’s expiration and highlights the importance of consulting with lenders or legal advisors before commencing work. Additionally, the form includes provisions for notifying subcontractors and suppliers and the conditions under which it may be terminated, aligning with the statutory requirements to safeguard property owners from potential liens against their property. Given its significance, understanding the Notice of Commencement's role, requirements, and implications is crucial for anyone involved in construction or major improvements within Miami-Dade County.
NOTICE OF COMMENCEMENT
A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION
PERMIT NO.______________________TAX FOLIO NO._____________________________
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
THE UNDERSIGNED hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.
Space above reserved for use of recording office
1.Legal description of property and street/address: ________________________________________________________________________
_______________________________________________________________________________________________________________________
2.Description of improvement: ___________________________________________________________________________________________
3.Owner(s) name and address: __________________________________________________________________________________________
Interest in property: _____________________________________________________________________________________________________
Name and address of fee simple titleholder: _______________________________________________________________________________
4.Contractor’s name, address and phone number: _________________________________________________________________________
5.Surety: (Payment bond required by owner from contractor, if any)
Name, address and phone number:_______________________________________________________________________________________
Amount of bond $_______________________________
6.Lender’s name and address: ___________________________________________________________________________________________
7.Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes,
8.In addition to himself, Owners designates the following person(s) to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.
9.Expiration date of this Notice of Commencement: _______________________________________________________________________
(the expiration date is 1 year from the date of recording unless a different date is specified)
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13. FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
Signature(s) of Owner(s) or Owner(s)' Authorized Officer/Director/Partner/Manager
Prepared By __________________________________________
Prepared By__________________________________________________
Print Name ___________________________________________
Print Name___________________________________________________
Title/Office ____________________________________________
Title/Office ___________________________________________________
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _______ day of_____________________________________. ______________
By ____________________________________________________________________________________________________________________
❏Individually, or ❏ as___________________________________ for ___________________________________________________________
❏Personally known, or ❏ produced the following type of identification: _____________________________________________________
Signature of Notary Public:
_____________________________________________________________
Print Name:
(SEAL)
VERIFICATION PURSUANT TO SECTION 92.525, FLORIDA STATUTES Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true, to the best of my knowledge and belief.
Signature(s) of Owner(s) or Owner(s)'s Authorized Officer/Director/Partner/Manager who signed above:
By ___________________________________________________
By __________________________________________________________
123.01-52 PAGE 3 3/10
This instrument prepared by:
Name: ________________________________________________________________
Address: ________________________________________________________________
________________________________________________________________
NOTICE OF TERMINATION
(OF NOTICE OF COMMENCEMENT)
The undersigned hereby gives notice that the effective period of that certain Notice of Commencement
dated_______________________________________________, recorded in O.R. Book / Page________________________/__________________
of the Public Records of Dade County, Florida, will terminate; and, in accordance with Section 713.132, Florida Statutes, the following information is provided:
1.The date and recording information for the Notice of Commencement being terminated are as described above, and all information contained therein is hereby expressly incorporated into this NOTICE OF TERMINATION.
2.The Notice of Commencement shall be terminated as of_________________________________________, or 30 days from the recording date of this Notice of Termination, whichever date is later.
3.This Notice of Termination applies to:
❏all the real property subject to the above described Notice of Commencement.
❏only to the portion of such real property described as:
___________________________________________________________________________________________________________________
4.All lienors have been paid in full or prorata in accordance with Section 713.06(4), Florida Statutes.
5.A copy of this notice has been served on the contractor and on each lienor who has given notice, if any.
Owner Signature: ______________________________________
Owner Signature: _____________________________________________
SWORN TO AND SUBSCRIBED before me this _____________________ day of ________________________________ 20 _____________
by: ____________________________________________________________________________________________________________________
Personally known to me, or produced_____________________________________________________as identification.
Notary Signature: _____________________________________________
Print Name: __________________________________________________
seal
Exhibit attached:
❏ Contractor's Final Payment Affidavit
❏ Property Legal Description
❏ Copy of Notice of Commencement
123.01-52 PAGE 4 3/10
RELEASE OF LIEN AND AFFIDAVIT
1.The undersigned contractor, for an in consideration of the payments of the sum of _______________paid by receipt of which is hereby acknowledged, hereby releases and quit claims to_________________________________, the owner of the hereinafter described property, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has to might have against the building located on, or premises legally described as ________________________________________________
_______________________________________________________________________________________________________________
on account of labor performed and/or materials furnished for the construction of any such improvements on said premises.
2.All labor and materials used by the undersigned in the erection of said improvements have been paid in full, except as follows:________________________________________________________________________________________________________
3.All lienors furnishing labor, services, or materials for said improvements have been paid in full, except as follows:
4.This instrument is executed and delivered to the owner in compliance with Chapter 713, Florida Statutes.
5.The undersigned contractors does hereby consent to the payment by the owner of all lienors giving notice and those lienors above named.
IN WITNESS WHEREOF, I have hereunto set by hand and seal this ______________ day of ___________________, 20_______
Witnesses:
1. ________________________________________________
_____________________________________________ (SEAL)
(Contractor)
2. ________________________________________________
By ________________________________________________
(President)
I, hereby acknowledge that the statements contained in the foregoing Release of Lien and Affidavit are true and correct. Sworn to and subscribed before me, this _______________ day of ______________________, 20______.
Notary Public ___________________________________
Print Notary’s Name: _____________________________
My Commission Expires: _________________________
123.01-52 PAGE 5 3/10
MIAMI-DADE COUNTY
CONSTRUCTION LIEN LAW FOR OWNERS
NOTE: IF YOU SIGNED AS THE OWNER’S AGENT YOU ARE RESPONSIBLE FOR DELIVERING
THIS INFORMATION SHEET TO THE OWNER OF THE PROPERTY.
WARNING TO OWNER
Florida’s Construction Lien Law (Chapter 713, Part One, Florida Statutes) requires the recording with the Clerk of the Courts a Notice of Commencement for real property improvements greater than $2,500.00. However, it does not apply to the repair or replacement of an existing heating or air conditioning system less than $5000.00 in value. This notice must be signed by you, the property owner.
Under Florida law, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
YOU MUST FILE A NOTICE
OF COMMENCEMENT
For your protection under the Construction Lien Law and to avoid the possibility of paying twice for improvements to real property, you must record a Notice of Commencement in the Clerk of the Court’s Office. You also must provide a certified copy of the recorded document at the construction site. The Notice of Commencement must be signed by you, the owner contracting the improvements, and not by your agent.
The Notice of Commencement form, provided with this information packet, must be completed and recorded within 90 days before starting the work.
A copy of the payment bond, if any is required by you and purchased by the contractor, must be attached as part of the Notice of Commencement when recorded.
If improvements described in the Notice of Commencement are not actually started within 90 days after the recording of the Notice, a new Notice of Commencement must be recorded.
You lose your protection under the Construction Lien Law if the payments are made to the contractor after the expiration of the Notice of Commencement. The Notice is good for one year after the recording date or up to the date specified under item nine of the form.
Florida law requires the Building and Neighborhood Compliance Department to be a second source of information concerning the improvements made on real property. The Building Permit Application (included with this packet) has been expanded to include information on the construction lender and the contractor’s surety, if any. The new application requires your signature or your agent’s, to inform you of the Construction Lien Law.
YOU MUST POST THE NOTICE OF COMMENCEMENT AT THE JOB SITE
By law, the Building and Neighborhood Compliance Department is required to verify at the first inspection, after the building permit is issued, that a certified copy of the recorded Notice of Commencement, with attached bonds if any, is posted at the construction site. Failure to show the inspector a certified copy of the recorded Notice will result in a disapproved inspection, (Florida Statute 713.135(1)(d)).
NOTICE TO OWNER FROM SUBCONTRACTORS AND SUPPLIERS
You may receive a Notice to Owner from subcontractors and material suppliers. This notice advises you that the sender is providing services or materials. Subcontractors and suppliers must serve a Notice to Owner within 45 days of commencing work to preserve their ability to lien your property.
If your address changes from that given in the Notice of Commencement, you should record a corrected Notice reflecting your current address. This is done to help ensure you will receive all notices.
RELEASE FROM LIEN FROM CONTRACTOR
Prior to paying the contractor, you need to receive a Release of Lien and Affidavit to the extent of payment from the general contractor. The Release of Lien and Affidavit shall state either that all the subcontractors and suppliers have been paid or list those unpaid and the amount owed. The contractor is required to list on the Release of Lien and Affidavit any subcontractor or supplier that has not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractor or suppliers after 10 days written notice to the contractor.
If the balance due to the contractor is not sufficient to pay in full all subcontractors and suppliers listed on the contractor’s affidavit, you may wish to consult an attorney.
The general contractor shall furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time he requests final payment. You can rely on the affidavit in making final payment to the general contractor. If you make final payment to the general contractor without obtaining the affidavit, your property can be liened for non-payment if the general contractor fails to pay the subcontractors or suppliers. You should always obtain a Release of Lien and Affidavit from the contractor to the extent of any payments being made.
RELY ON YOUR LENDER FOR COMPLIANCE WITH CONSTRUCTION LIEN LAW
If you have a lender, you may rely on the lender to handle the recording of the Notice of Commencement. Learn more about the Construction Lien Law by contacting an attorney, your lender, or the Florida Department of Agricultural and Consumer Services, Division of Consumer Services.
Documents are recorded at the Clerk of the Courts,
MIAMI-DADE COUNTY RECORDER, COURTHOUSE EAST, 22 N.W. First Street, 1st Floor, Miami, FL 33128.
You can record the Notice of Commencement by mail. The original Notice should be sent to the County Recorder, P.O. Box 011711, Flagler Station, Miami, Florida 33101. Please make sure the original Notice is signed and notarized. Also, remember to enclose the recording fee (for a single copy) and written instructions for recording and returning a certified copy of the recorded documents. For additional information on fees and recording documents call (305) 275-1155.
123.01-52 PAGE 6 3/10
When it comes time to improve a piece of property, filling out and recording a Miami Dade Notice of Commencement form is a crucial first step. This form marks the beginning of a construction or renovation project, detailing the specifics of the work to be completed, the parties involved, and the location of the property. It's not just paperwork; it's a way to inform the state and county of your plans and to protect yourself under Florida's Construction Lien Law. Once completed, this form must be recorded with the Miami-Dade County Recorder and posted visibly at the job site before the first inspection. Following these steps carefully will ensure that your project starts smoothly and that you're protected throughout the construction process.
With the form complete, the next steps involve recording it with the Miami-Dade County Recorder. Ensure you have a notarized original document, and prepare to pay the recording fee. You may record in person at the Recorder's Office or by mail. Once recorded, remember to post a recorded copy at the job site before the first inspection to comply with Florida Statutes. This form not only marks the commencement of your project but also serves as a key legal document to safeguard your interests and ensure all parties are properly notified and aware of their responsibilities.
What is a Notice of Commencement?
A Notice of Commencement is a document recorded with the clerk's office showing that improvements will be made to certain real property. It is a requirement under the Florida Statutes for real property improvements greater than $2,500. This notice starts the process under the Construction Lien Law, which affects the priority of liens and provides information about the improvement project.
Why do I need to file a Notice of Commencement in Miami-Dade County?
Filing a Notice of Commencement is vital for protecting your rights as a property owner. It formally notifies interested parties of your property improvement project, establishes the start date for these improvements, and determines lien priority under Florida law. This is especially important to prevent paying more than once for the improvements to your property and to ensure all legal steps are followed for a smooth project execution.
Where do I record the Notice of Commencement?
For property located in Miami-Dade County, you record the Notice of Commencement with the Miami-Dade County Recorder's Office, located at the Courthouse East, 22 N.W. First Street, 1st Floor, Miami, FL 33128. You can also mail the original, signed, and notarized notice to the County Recorder at P.O. Box 011711, Flagler Station, Miami, Florida 33101.
What information is required on the Notice of Commencement?
The Notice of Commencement must include the legal description of the property, a description of the improvement, the owner(s) name and address, the contractor’s information, surety details (if any), lender’s information, and the designated person in Florida for serving notices. It also should specify the expiration date of the notice, typically one year from the recording date or a different specified date.
Is there a deadline for filing the Notice of Commencement?
Yes, the Notice of Commencement must be recorded within 90 days before starting any work on your property. This timeframe ensures that the notice is on record before any improvements commence, satisfying the requirements of Florida's Construction Lien Law.
Who signs the Notice of Commencement?
The property owner, or the owner's authorized officer, director, partner, or manager, must sign the Notice of Commencement. This signature must then be acknowledged before a notary public.
What happens if I don't file a Notice of Commencement?
Not filing a Notice of Commencement can have serious implications. It can result in losing protections under the Construction Lien Law, such as being at risk of paying twice for the same work or materials if a contractor or supplier isn't paid. It may also impact the legal priority of liens on the property.
How do I amend a Notice of Commencement?
If any changes need to be made to an existing Notice of Commencement, you must record a new notice with the corrected information. This updated document must then be posted on the job site and used for the remainder of the project.
When does a Notice of Commencement expire?
The Notice of Commencement expires one year from the date of recording unless a different expiration date is specified in the notice. It's essential to be mindful of this expiration date as payments made after this date are considered improper and can lead to complications under the Construction Lien Law.
How do I terminate a Notice of Commencement?
To terminate a Notice of Commencement, you must record a Notice of Termination. This document provides information such as the effective termination date, which must be 30 days from the recording date or later, and confirms that all lienors have been paid. A copy of this notice must be served to the contractor and all lienors who have given notice.
One common mistake when filling out the Miami Dade Notice Of Commencement form is incorrectly describing the legal description of the property and its address. This error can cast doubts on the validity of the notice, as precision in identifying the property subject to the improvement is critical for the enforceability of any subsequent construction liens. Additionally, any ambiguity or error in this section can complicate the identification of the property for legal notices, thereby potentially affecting the owner's legal rights and obligations.
Another error often encountered involves the description of the improvement. This section must be completed with a detailed and accurate description of the work to be performed. Vague or incomplete descriptions can lead to confusion about the scope of the project, which in turn can affect the rights of parties involved. It is crucial that this description precisely mirrors the intent and extent of the proposed improvements to ensure clear communication among all parties and to uphold the notice's legal significance.
A third mistake lies in inaccurately listing the owner(s) name and address, as well as the name and address of the fee simple titleholder if different. This mistake can result in misdirected notices or legal documents, leading to potential delays or legal complications. Ensuring that the information provided is accurate and up-to-date facilitates the proper and timely execution of legal rights, such as serving notice or enforcing liens.
The fourth frequently observed mistake is improper designation or omission of the expiry date of the Notice of Commencement. The expiry date is crucial, as it delineates the temporal scope within which the protections offered by Chapter 713, Florida Statutes, are applicable. Misunderstanding this aspect or failing to specify a correct date can leave an owner unprotected and potentially liable for improper payments. Moreover, adherence to the specified one-year duration, unless an alternative date is expressly indicated, is essential for maintaining the validity and enforceability of the notice.
When initiating a construction project in Miami-Dade County, the filing of a Notice of Commencement is a critical first step in ensuring the legalities of the construction process are adhered to. This document is not alone in its importance; several other forms and documents regularly accompany or follow its submission, playing pivotal roles throughout the construction lifecycle. The comprehension of these supplementary documents can aid property owners, contractors, and other stakeholders in navigating the complexities of construction law and lien protocols in Florida.
In conclusion, while the Miami Dade Notice of Commencement forms the foundation for starting a construction project within the legal framework of Florida's Construction Lien Law, several other forms and documents play integral roles throughout the lifecycle of a project. Understanding these documents is vital for all parties involved in the construction process to safeguard their rights and ensure a smooth progression from commencement to completion.
The Building Permit Application bears similarity to the Miami Dade Notice Of Commencement form in that both documents serve as crucial steps in the legal process of beginning construction or improvement projects on property. While the Notice Of Commencement officially informs the county and potential lienholders that a project is starting, ensuring the owner's protection under Florida's Construction Lien Law, the Building Permit Application is a prerequisite that must be approved before any construction begins, outlining the scope of work, contractor details, and ensuring compliance with local building codes.
The Notice to Owner (NTO) parallels the Notice Of Commencement in its aim to safeguard the interests of all parties involved in a construction project. The NTO is a document that subcontractors and material suppliers use to inform the property owner of their contribution to the project, preserving their right to file a lien should they not receive payment. Similar to the Notice Of Commencement, which announces the start of a project to the public and potential lien claimants, the NTO is an instrumental component of Florida’s Construction Lien Law designed to ensure fair payment practices.
A Release of Lien is another document related to the Miami Dade Notice Of Commencement, serving a complementary yet distinct purpose. Upon the completion of work and the full payment of all dues, a contractor issues a Release of Lien to the property owner, indicating that there are no outstanding claims or liens against the property for the work completed. This document is crucial for owners to obtain as it signifies the lawful conclusion of obligations noted in the Notice Of Commencement, effectively protecting the owner's property from potential liens.
Modification or Amendment to the Notice of Commencement form functions similarly to the original document but serves to update or alter details after the initial filing. Should there be significant changes in the project scope, contractor details, or if an extension of the project timeline is necessary, this document legally amends the information provided in the original Notice Of Commencement. It ensures that all project details are accurate and up-to-date, maintaining compliance with state law and continuing protection under the Construction Lien Law.
The Notice Of Termination serves as the official conclusion to the Notice Of Commencement. This document is filed once the construction project is completed or if it's halted indefinitely, signaling to the county and potential lienholders that the active period for filing liens against the property, as outlined in the original Notice Of Commencement, has ended. This document is essential for clearing the title of the property and signifies the closure of the project phase initiated by the Notice Of Commencement, thereby concluding the administrative and legal responsibilities tied to the commencement of construction work.
When filling out the Miami Dade Notice of Commencement form, adhering to the best practices is essential for ensuring the process goes smoothly and in accordance with Florida law. Below are key dos and don'ts to keep in mind:
Following these guidelines will help ensure that your project complies with local regulations and that the Notice of Commencement serves its intended legal purpose effectively.
Misconceptions about the Miami Dade Notice of Commencement form are common among property owners and contractors. Understanding these can help in navigating the process of commencing work on a property efficiently and in compliance with Florida law.
Only large projects require a Notice of Commencement. One common misconception is that the Notice of Commencement is only necessary for large-scale construction projects. In reality, Florida law requires this notice for improvements to real property that exceed $2,500. This includes most construction projects, not just the large ones.
The property owner's agent can sign the Notice. While it might seem convenient to have an agent handle all paperwork, the Notice of Commencement must be signed by the property owner themselves. This is a critical step in ensuring the owner’s direct involvement in acknowledging the commencement of work on their property.
Filing a Notice of Commencement is optional. Some people believe filing this notice is optional or only necessary for certain types of construction. However, filing a Notice of Commencement is a legal requirement in Florida for projects exceeding the specified monetary threshold. It is not optional but a mandatory step for protecting all parties involved.
Posting the Notice of Commencement isn't necessary. Another common misunderstanding is that recording the Notice with Miami-Dade County is sufficient. The law actually requires that a recorded copy of the Notice be posted on the job site before the first inspection. This makes the notice visible to workers and suppliers, informing them of their rights and responsibilities.
A Notice of Commencement covers all future improvements. Some might think once a Notice of Commencement is recorded, it covers all future improvements or repairs. However, a Notice of Commencement is generally valid for one year after its recorded date unless a different expiration date is specified. For ongoing or new projects, a new notice might be necessary.
The Notice can be filed at any time during the project. Filing the Notice of Commencement at any time during the construction process is a misconception. The notice must be recorded before commencing work and certainly before the first inspection. This ensures the legal framework is in place to protect the property owner from potentially having to make improper payments.
Correcting these misconceptions can streamline the construction process, ensure compliance with state laws, and protect the interests of property owners, contractors, and other parties involved in property improvements.
When undertaking construction or renovation projects in Miami Dade County, it's mandatory to understand the Notice of Commencement form. Here are four key takeaways about this important document:
It's recommended for property owners to consult with their lender or an attorney before commencing work or recording their Notice of Commencement to fully understand their obligations and rights under the law. Proper adherence to the Notice of Commencement requirements ensures legal protection for the property owner and helps in the smooth execution of construction or renovation projects.
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