Decoding the Nuances of Terminating Notices of Commencement
In the intricate world of construction law, understanding the nuances can mean the difference between getting paid and losing out. In today’s episode of The Lien Zone Podcast, we zoom in on a crucial topic: Terminating Notices of Commencement, specifically section 713.132.
Key Points to Consider:
- Standard Lien Deadlines: Typically, liens have to be recorded within 90 days post the completion of your work. This serves as a safeguard for those within the construction industry.
- Terminating a Notice of Commencement: Here’s the twist. If a Notice of Commencement is terminated, the timeline shifts. Liens then must be recorded within a shorter span of 30 days. This change hinges on serving the notice of termination to specific parties involved.
- The Role of Notices: The law underscores the importance of effective notices. If a Notice of Commencement is terminated aptly, its effectiveness is snuffed out 30 days post its recording.
- Navigating Grey Areas: What’s the remedy if you weren’t informed about the termination of the NOC? The law offers a buffer, especially for lienors who began their tasks under the existing notice of commencement. For those who lack a direct contract with the owner and served their notice post the termination of the NOC, the owner is obligated to serve them a copy of the notice of termination. This ensures that the 30-day window doesn’t commence until they are duly notified.
This episode is a beacon for those looking to navigate the tricky waters of Notices of Commencement and ensuring they are on the right side of the law. So, if you’re in the construction realm or merely looking to expand your knowledge, tune in!
Stay with us on this enlightening journey, and remember, next week we delve deeper into the labyrinth of construction law updates. Don’t miss it!
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About Alex Barthet
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.
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