STATUTORY NOTICE TO OWNER
(Florida Pre-Lien Notice pursuant to Fla. Stat. ch. 713, Part I)
[// GUIDANCE: This template is drafted for use by attorneys preparing a Florida “Notice to Owner” (also called a “Pre-Lien Notice”) under Fla. Stat. § 713.06(2)(c). Section III(A) contains the mandatory, verbatim statutory language and required data fields; altering that language may invalidate the Notice. All other sections are OPTIONAL, provided for defensive-drafting and risk-management purposes. Delete or tailor any non-statutory provisions that could be construed as conflicting with Chapter 713.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
A. Mandatory Statutory Notice to Owner
B. Supplemental Project & Payment Information
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Certificate of Service
I. DOCUMENT HEADER
1.1 Title. STATUTORY NOTICE TO OWNER (PRE-LIEN NOTICE)
1.2 Effective Date. [DATE] (“Effective Date”).
1.3 Parties.
a. “Lienor”: [LIENOR LEGAL NAME], a [STATE] [ENTITY TYPE] having a principal place of business at [ADDRESS].
b. “Owner”: [OWNER LEGAL NAME] of [ADDRESS].
c. “Contractor”: [CONTRACTOR LEGAL NAME] (if different from Owner).
1.4 Property. The real property located at [STREET ADDRESS, CITY, COUNTY, FLORIDA] and legally described as:
[INSERT FULL LEGAL DESCRIPTION] (“Property”).
1.5 Governing Law. This Notice is governed by Florida’s Construction Lien Law, Fla. Stat. §§ 713.001–713.37.
II. DEFINITIONS
“Claim of Lien” – A lien recorded pursuant to Fla. Stat. § 713.08 for the unpaid balance due to Lienor.
“First Furnishing Date” – The first date on which Lienor supplied labor, services, or materials to the Property: [MM/DD/YYYY].
“Notice of Commencement” – The instrument recorded under Fla. Stat. § 713.13 for the Project, recorded at O.R. Book [NO.], Page [NO.], of the Public Records of [COUNTY] County, Florida.
“Project” – The improvement to the Property for which Lienor is furnishing labor, services, or materials.
“Work” – The specific labor, services, or materials provided or to be provided by Lienor under its agreement with [CONTRACTOR/OWNER].
III. OPERATIVE PROVISIONS
A. MANDATORY STATUTORY NOTICE TO OWNER
[// GUIDANCE: Insert the statutory text EXACTLY as provided in Fla. Stat. § 713.06(2)(c). Only fill in the bracketed project-specific information.]
NOTICE TO OWNER
To: [OWNER NAME AND ADDRESS]
The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: [GENERAL DESCRIPTION OF SERVICES OR MATERIALS] for the improvement of the real property identified as [PROPERTY DESCRIPTION] and owned by you.
The amount now due and unpaid is $[AMOUNT] (if known) and/or the undersigned expects to furnish additional services or materials for which payment in the amount of $[ESTIMATED AMOUNT] will become due.
[STATUTORY WARNING TO OWNER LANGUAGE EXACTLY AS SET FORTH IN FLA. STAT. § 713.06(2)(c) TO BE INSERTED HERE WITHOUT MODIFICATION.]
Signed this _ day of _, 20___.
[LIENOR LEGAL NAME]
By: ____
Name: ____
Title: _____
Address: ______
B. SUPPLEMENTAL PROJECT & PAYMENT INFORMATION (Optional)
- Person with whom Lienor contracted: [NAME/COMPANY].
- Original contract amount: $[AMOUNT].
- Change orders to date (net): $[AMOUNT]/N/A.
- Total earned to date: $[AMOUNT].
- Total paid to date: $[AMOUNT].
- Balance remaining: $[AMOUNT].
[// GUIDANCE: The above data is not statutorily required but is often helpful for early dispute resolution.]
IV. REPRESENTATIONS & WARRANTIES (Optional)
4.1 Authority. Lienor represents that it is duly authorized to issue this Notice and that the individual signing is empowered to bind Lienor.
4.2 Accuracy. Lienor warrants, to the best of its knowledge and belief, that the information contained herein is true, correct, and complete as of the Effective Date.
4.3 Survival. These representations survive delivery of this Notice and any subsequent Claim of Lien or legal proceeding.
V. COVENANTS & RESTRICTIONS (Optional)
5.1 Continuing Information Obligation. Lienor shall, upon written request by Owner, provide updated statements of account within five (5) business days.
5.2 Owner’s Right to Conditional or Partial Waivers. Nothing herein limits Owner’s statutory right to request and receive properly executed lien waivers as a condition to payment.
VI. DEFAULT & REMEDIES (Optional)
6.1 Events of Default. An “Event of Default” occurs if Owner fails to make payment in accordance with its contract obligations, or if any statement in Section III(A) is materially false.
6.2 Notice & Cure. Owner shall have ten (10) days after receipt of written notice from Lienor to cure any monetary default prior to Lienor recording a Claim of Lien, unless a shorter period is mandated by statute.
6.3 Remedies.
a. Recordation of Claim of Lien pursuant to Fla. Stat. § 713.08.
b. Foreclosure of such lien in the circuit court of the county where the Property is located.
c. Recovery of interest, costs, and reasonable attorneys’ fees as permitted by Fla. Stat. § 713.29.
VII. RISK ALLOCATION (Optional)
7.1 Limitation of Liability. To the fullest extent permitted by law, Lienor’s total aggregate liability to Owner for any and all claims relating to the Work shall not exceed the lesser of (a) the unpaid contract balance, or (b) the reasonable value of the Work actually performed (“Liability Cap”).
7.2 No Indemnification. Consistent with the Metadata, this Notice does not create any indemnity obligations.
7.3 Force Majeure. Lienor shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, governmental actions, or labor disruptions.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. Florida law, specifically Fla. Stat. ch. 713, controls all matters arising out of or relating to this Notice.
8.2 Forum Selection. Any litigation concerning this Notice, a Claim of Lien, or foreclosure thereof shall be brought exclusively in the state courts of [COUNTY] County, Florida having subject-matter jurisdiction.
8.3 Injunctive Relief. Nothing herein limits Lienor’s statutory right to seek injunctive or equitable relief to enforce or foreclose its Claim of Lien.
IX. GENERAL PROVISIONS (Optional)
9.1 Entire Agreement. Except for mandatory statutory language, this Notice, together with any attachments, constitutes the entire notice from Lienor to Owner concerning the Work as of the Effective Date.
9.2 Amendments. Any amendment to the non-statutory portions of this Notice must be in writing and signed by Lienor.
9.3 Severability. If any non-statutory provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid portion shall be deemed reformed to the minimum extent necessary to comply with applicable law.
9.4 Electronic Signatures. Pursuant to Fla. Stat. § 668.50, electronic signatures are deemed legally binding if affixed with the requisite intent.
X. EXECUTION & CERTIFICATE OF SERVICE
IN WITNESS WHEREOF, the undersigned Lienor executes this Notice to Owner as of the Effective Date.
[LIENOR LEGAL NAME]
By: ____ Date: ___
Name: _____
Title: _________
Certificate of Service
I hereby certify that a true and correct copy of this Notice to Owner was served on the below-named Owner (and, if applicable, the Contractor and any other parties required by Fla. Stat. § 713.06) by:
☐ Certified Mail, Return Receipt Requested
☐ Registered Mail
☐ Overnight Commercial Delivery (signature required)
☐ Hand Delivery
☐ Posting on the jobsite in the presence of a witness
on this _ day of _, 20___.
Signature: _____
Name: _____
Title: _______
[// GUIDANCE: Under Fla. Stat. § 713.18, service is complete upon mailing if properly addressed and postage prepaid. Retain all proof of mailing and delivery receipts.]
ATTACHMENTS (as applicable)
- Copy of recorded Notice of Commencement
- Statement of Account (if Section III(B) completed)
- Copy of relevant contract or purchase order
[// GUIDANCE: KEEP A COMPLETE, DATE-STAMPED COPY OF THE EXECUTED NOTICE AND ALL SUPPORTING DOCUMENTATION IN YOUR FILES. FAILURE TO TIMELY SERVE THE NOTICE WITHIN 45 DAYS OF FIRST FURNISHING (AND BEFORE FINAL PAYMENT) WILL BAR LIEN RIGHTS.]