Notice of Commencement and Notice of Termination — South Florida Construction Law Guide 2026

The Notice of Commencement and Notice of Termination are two of the most legally significant documents in any South Florida construction project. They are not just administrative forms — they are legally mandated instruments under Florida Statutes Chapter 713, the Florida Construction Lien Law, and they directly protect the property owner's title against mechanics' lien claims. Failing to record the Notice of Commencement before construction begins, or failing to record the Notice of Termination at project completion, can expose a property owner to catastrophic financial losses. This guide explains both documents in complete detail for Miami-Dade, Broward, and Palm Beach County construction projects.

What Is the Notice of Commencement

The Notice of Commencement is a sworn, notarized legal document that the property owner — or the owner's designated agent — prepares and records in the official public records of the county where the property is located before construction begins. Under Florida Statutes Section 713.13, a Notice of Commencement is required for any improvement to real property where the total USD project value exceeds the statutory threshold (currently set at $2,500 USD or more for projects requiring a permit). The Notice of Commencement must be recorded with the county clerk before the first material is delivered or the first labor is performed on the project.

The Notice of Commencement contains specific required information: the legal description of the property, the property address, the general description of the improvement being made, the name and address of the property owner, the name and address of the general contractor, the name and address of the construction lender (if any financing is secured by the property), the name and address of the surety providing payment and performance bonds (if any), and the name and address of any designated agent of the owner. It must be signed by the owner, notarized, and recorded in the public records of the applicable county.

Where to Record the Notice of Commencement

In Miami-Dade County, the Notice of Commencement is recorded with the Miami-Dade County Clerk of Courts, Records, Taxes and Treasury Division, located at the Courthouse or accessible online through the county's official recording system. Recording costs a USD filing fee based on the number of pages. In Broward County, recording is done through the Broward County Records Division online portal or in person. In Palm Beach County, recording is done through the Palm Beach County Clerk and Comptroller's official recording system.

After recording, the clerk returns a certified copy of the recorded Notice of Commencement with the official recording book and page number stamped on it. This certified copy is the document that must be posted at the construction site and that must be submitted to the building department along with each permit application. The building department will not schedule inspections without a copy of the recorded Notice of Commencement on file.

Why the Notice of Commencement Matters for Lien Law

Florida's Construction Lien Law provides every contractor, subcontractor, sub-subcontractor, laborer, and material supplier who contributes to a construction project with the right to file a mechanics' lien against the property if they are not paid. A recorded lien becomes a legal encumbrance on the property title — meaning the property cannot be sold or refinanced without resolving the lien. If lien amounts are not paid, the lienholder can initiate foreclosure proceedings to force a sale of the property to recover the debt. This is a real and frequently exercised right in Florida.

The Notice of Commencement establishes the starting date of the project for lien law purposes. Under Florida law, lien rights for contractors and suppliers are limited to the time period beginning when the Notice of Commencement is recorded and ending 90 days after the project is completed or abandoned. A properly executed Notice of Commencement, combined with timely and properly documented payments and lien releases, is the property owner's primary protection against fraudulent or duplicative lien claims.

Posting the Notice of Commencement at the Job Site

Florida law requires that the Notice of Commencement — or a certified copy of it — be posted at the job site in a conspicuous location visible to all contractors, subcontractors, and suppliers. This posting is not optional. Contractors and suppliers who visit the site and see the Notice of Commencement know that the lien period has started and that their lien rights are active. Failure to post the Notice of Commencement at the site does not eliminate lien rights — it simply creates an additional liability for the owner under the statute.

Owners' Affidavit and Contractor's Final Payment Affidavit

When a construction project is completed and the final payment is being made to the general contractor, the property owner is entitled to receive a Contractor's Final Payment Affidavit from the general contractor. This affidavit lists all subcontractors and suppliers who provided labor or materials on the project, confirms the amounts paid to each, and swears that all have been paid in full or that the stated amounts represent the full outstanding balances. The property owner should obtain Releases of Lien from each subcontractor and supplier named in the affidavit before making final payment to the general contractor.

Without a complete set of lien releases and a contractor's final payment affidavit, the property owner risks paying the general contractor in full while subcontractors and suppliers who were not paid by the general contractor file valid liens against the property. This double-payment risk is one of the most common and expensive construction law problems in Florida.

What Is the Notice of Termination

The Notice of Termination is the companion document to the Notice of Commencement. Under Florida Statutes Section 713.132, the property owner may record a Notice of Termination when the improvement is completed, when the owner has no further obligation to pay for improvements, or when a period of abandonment has occurred. The Notice of Termination is a sworn, notarized document recorded with the county clerk.

Recording the Notice of Termination terminates the period during which subcontractors and suppliers can serve lien claims against the property (subject to certain minimum protections for those who had already begun serving preliminary notices). Without a recorded Notice of Termination, the lien period remains open for a longer duration than necessary, exposing the property owner to potential claims from parties who provided services toward the very end of the project.

Notice of Termination Requirements

The Notice of Termination must be notarized, recorded in the official public records of the county, and include the date of recording of the original Notice of Commencement (with book and page reference), a statement that the improvement is terminated (completed or abandoned), the owner's name and signature, the county and state where the property is located, and the legal description of the property. After recording, a copy of the Notice of Termination must be provided to the general contractor and to any parties who served a preliminary notice (Notice to Owner) on the project.

The Notice of Termination is submitted to the building department as part of the Certificate of Occupancy application package. Many South Florida building departments will not issue a final Certificate of Occupancy without a recorded Notice of Termination on file. This is one reason why the CO process cannot be completed until the lien law closeout documents are in order.

Notice to Owner — The Subcontractor's Protection

Under Florida lien law, contractors, subcontractors, and suppliers who are not in a direct contract with the property owner must serve a Notice to Owner (also called a Preliminary Notice or Notice to Owner/Contractor) within a specific time period after first furnishing labor or materials on the project. Failure to serve a timely Notice to Owner eliminates the contractor's or supplier's lien rights.

Property owners who receive a Notice to Owner should not be alarmed — it is a routine part of Florida construction law practice and does not mean the subcontractor is filing a lien. It simply means the subcontractor is preserving their lien rights as required by statute. Property owners should file all Notices to Owner received during the project in a secure location and use them as a checklist to verify that all named parties are paid and that lien releases are obtained from each when payment is made.

Financial Readiness and Lien Prevention

The construction lien process is the primary mechanism by which unpaid contractors take legal action against property owners. The best protection against lien exposure is paying all invoices on time, obtaining conditional lien releases (before payment) and unconditional lien releases (after payment is deposited) from every contractor, subcontractor, and supplier, and maintaining meticulous payment records throughout the project.

Do not begin a construction project in Miami-Dade, Broward, or Palm Beach County without having the full USD construction budget available, committed, and funded before the first permit is pulled. Construction projects that run out of money mid-way create catastrophic lien exposure. Abandoning a partially completed construction project while outstanding invoices are unpaid results in USD fines of $20,000 USD and above from the building department, mandatory demolition of incomplete work at the owner's USD expense, site restoration costs, and active lien claims from every unpaid contractor and supplier on the project. The combined USD financial damage of an abandoned project can exceed the original construction budget.

Amending the Notice of Commencement

If key information changes during construction — for example, a new construction lender is added, the general contractor changes, or the owner's address changes — the Notice of Commencement can be amended by recording an Amended Notice of Commencement with the county clerk. The amended notice updates the specific information that changed while preserving the original recording date and lien period established by the original notice. An amended notice does not restart the lien period.

Changing the general contractor mid-project is one of the most risky actions a property owner can take during construction. The original contractor retains lien rights for all work performed and materials supplied before the contract termination. A new contractor must assess and accept responsibility only for their own work. The gap between the original contractor's work and the new contractor's work can become a point of dispute and lien litigation. Contractors in the South Florida construction market know each other — changing contractors mid-project damages the owner's reputation in the local contractor community and makes it more difficult to engage quality replacement contractors on favorable terms.

USD Costs of Notice of Commencement and Termination

The recording fees for the Notice of Commencement and Notice of Termination are paid to the county clerk at the time of recording. In Miami-Dade County, Broward County, and Palm Beach County, recording fees are set by the Florida Statutes and are calculated per page (plus a flat filing fee). A typical Notice of Commencement records for under $100 USD in recording fees. However, if the Notice of Commencement is not recorded before construction begins and a lien is filed, the cost of resolving that lien — through lien release negotiation, lien bond, or lien foreclosure defense — can reach tens of thousands of USD in legal fees alone.

Government Requirements at Permit Submission

Every building permit application in Miami-Dade, Broward, and Palm Beach County — and in every municipal building department within these counties — requires a copy of the recorded Notice of Commencement at the time of permit application or before the first inspection is scheduled. The building department verifies that the Notice of Commencement is recorded, that the recording is within the current lien period for the project, and that the information matches the permit application. Projects where the Notice of Commencement is expired (a Notice of Commencement is valid for one year from the date of recording unless renewed) must have the Notice of Commencement renewed or a new Notice recorded before inspections can continue.

Working with Endless Life Design on Construction Law Documents

Endless Life Design works alongside construction attorneys, title companies, and licensed contractors to ensure that the Notice of Commencement and Notice of Termination are executed, recorded, and managed correctly on every construction project. Property owners who are unfamiliar with Florida's Construction Lien Law are strongly encouraged to consult a Florida construction attorney at the beginning of any project. Endless Life Design can coordinate the construction management side of these requirements while your attorney handles the legal documentation. Contact Endless Life Design before beginning any permitted construction project in South Florida.