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

Updated: 6 days ago

Photo by JoelFazhari via Pixabay

INDEX

  1. Introduction to Notice of Commencement

  2. Florida Statutes Chapter 713 Framework

  3. Notice of Commencement Filing Requirements

  4. Posting Requirements at the Construction Site

  5. Notice of Commencement Expiration

  6. Notice to Owner Filing by Subcontractors

  7. Notice of Termination Filing

  8. Construction Lien Filing Timeline

  9. Lien Foreclosure Procedure

  10. Lien Waiver and Release

  11. Endless Life Design Construction Law Coordination

  12. Authoritative References & Code Resources

  13. Related Endless Life Design Resources





Introduction to Notice of Commencement

Notice of Commencement filings under Florida Statutes Chapter 713 govern the construction lien rights of contractors, subcontractors, material suppliers, and laborers throughout Florida construction projects. The Notice of Commencement establishes the timeline and parties involved in the construction project supporting subsequent lien filings if payment disputes arise. Filing requirements apply to virtually all South Florida construction projects exceeding $5,000 in value, with substantial implications for project participants throughout Miami-Dade, Broward, and Palm Beach counties.





Florida Statutes Chapter 713 Framework

Florida Statutes Chapter 713 codifies the Florida construction lien law establishing the framework for mechanic's liens, materialmen's liens, and other construction-related security interests in real property. The construction lien framework provides contractors, subcontractors, material suppliers, and laborers with security interest in the property being improved as protection against payment defaults. The Notice of Commencement filing establishes the framework supporting subsequent lien filings within the prescribed timeframes. Compliance with the prescribed filing procedures is essential for lien rights preservation.





Notice of Commencement Filing Requirements

Notice of Commencement under Florida Statutes Section 713.13 must be filed with the Clerk of the Circuit Court in the county where the property is located before construction commences on projects exceeding $5,000 in value, with limited exceptions for very small repair projects. The Notice of Commencement identifies the property by legal description, the owner of record, the contractor performing the work, the surety bonding the project where applicable, the lender financing the construction where applicable, and the construction completion timeline. The recorded document is then posted at the construction site.





Posting Requirements at the Construction Site

Florida Statutes requires posting of the recorded Notice of Commencement at the construction site in a location visible to the public throughout the construction period. The posting requirement supports subcontractor and material supplier awareness of the project participants enabling appropriate Notice to Owner filing within the prescribed timeframes preserving lien rights. Failure to post the Notice of Commencement does not invalidate the lien rights but creates substantial complications for subcontractors and material suppliers seeking to perfect their lien claims through the prescribed procedures.





Notice of Commencement Expiration

Notice of Commencement filings expire one year from the filing date or earlier upon completion of construction, with options to extend the original Notice of Commencement through Notice of Extension filing addressing projects continuing beyond the initial one-year period. Expired Notice of Commencement may compromise lien rights for work performed after the expiration date, with potential requirement for additional Notice of Commencement filing supporting continued lien rights. Project participants should monitor the Notice of Commencement expiration date and coordinate extensions where construction extends beyond the original timeline.





Notice to Owner Filing by Subcontractors

Subcontractors and material suppliers performing work or providing materials without direct contractual privity with the property owner must file Notice to Owner under Florida Statutes Section 713.06 within 45 days of first furnishing labor or materials on the project. The Notice to Owner serves to alert the property owner that the subcontractor or material supplier is performing work or providing materials supporting the construction lien rights. Failure to timely file Notice to Owner forfeits the lien rights of the affected subcontractor or material supplier.





Notice of Termination Filing

Notice of Termination filing under Florida Statutes Section 713.132 terminates the Notice of Commencement effect, typically filed at substantial construction completion or upon owner decision to discontinue construction. Notice of Termination filing requires notice to all known lienors with subsequent waiting period before the termination becomes effective. The Notice of Termination process protects subcontractor and material supplier lien rights by providing notice of the impending Notice of Commencement termination allowing affected parties to file claims of lien within the available timeframe.





Construction Lien Filing Timeline

Construction lien filing under Florida Statutes Section 713.08 must occur within 90 days of last furnishing labor or materials to the project for contractors with direct contractual privity with the owner, or within 90 days of last furnishing for subcontractors and material suppliers who have filed Notice to Owner. Construction liens that are not timely filed forfeit the lien rights with subsequent recovery options limited to standard contract claims rather than secured construction lien claims. The 90-day deadline is calculated from the actual last furnishing date.





Lien Foreclosure Procedure

Construction lien foreclosure under Florida Statutes proceeds through Florida circuit court litigation with the lienor seeking judicial foreclosure of the lien against the property. Foreclosure procedure addresses service of process to all interested parties, proof of the underlying contract and the lien rights, defenses to the lien including improper filing procedure, payment defenses, and waiver and release claims, and judicial determination of the lien validity and the amount due. Lien foreclosure litigation is typically substantially expensive supporting incentive for negotiated resolution.





Lien Waiver and Release

Lien waiver and release procedures provide the mechanism for parties to waive or release their construction lien rights typically in connection with payment receipt. Conditional lien waivers waive the lien rights conditioned on actual payment receipt with the waiver becoming effective upon payment. Unconditional lien waivers waive the lien rights immediately upon execution regardless of payment status. Final lien waivers waive all lien rights through the date of the waiver. Partial lien waivers waive lien rights only for the portion of work paid for. Property owners typically require lien waivers from all subcontractors and material suppliers before final payment release.





Endless Life Design Construction Law Coordination

Endless Life Design manages the entire government permit process for construction projects across Miami-Dade, Broward, and Palm Beach counties. Our Government Permit Processing Service handles your application, plan review, and final approval for a flat $4,500 — call (305) 680-3283 to get started.





Authoritative References & Code Resources


For verification of the code requirements, permit standards, Florida Building Code sections, and regulatory citations referenced in this article, consult the following authoritative government and code sources:


Florida Building Code 8th Edition (2023) on ICC Digital Codes: Building | Residential | Existing Building | Mechanical | Plumbing | Accessibility.








Related Endless Life Design Resources


Browse our complete portfolio of licensed construction, engineering, architecture, 3D rendering, and permit expediting services across Miami-Dade, Broward, and Palm Beach counties: Construction Services | Commercial Construction Projects | Residential Construction Projects | Royal Palace Projects.


Endless Life Design | Licensed General Contractor and South Florida Construction Law Permit Services | Miami-Dade, Broward, and Palm Beach County | (305) 680-3283 | endlesslifedesign@endlesslifedesign.com

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