⇒

Blank Miami Dade Notice Of Commencement PDF Template

The Miami Dade Notice of Commencement is a crucial document that officially signals the start of a construction or improvement project on real property within Miami-Dade County, Florida. Filing this form is a definitive step, enforcing a framework outlined under Chapter 713, Florida Statutes, which requires its posting at the job site before the first inspection and provides detailed project information like the legal description of the property, names and addresses of involved parties, and the scheduled expiration of the notice. To safeguard your project and ensure compliance with state requirements, click the button below to fill out your Notice of Commencement form.

Make This Document Now

Blank Miami Dade Notice Of Commencement PDF Template

Navigation

Embarking on a construction or renovation project in Miami-Dade County calls for a crucial step: the filing of the Miami Dade Notice of Commencement form. This legal document plays a pivotal role, signaling the start of a project while safeguarding the rights of property owners, contractors, and subcontractors under Chapter 713, Florida Statutes. Essentially, it details the specifics of the property and improvements, including the legal description, project details, owner information, contractor details, and if necessary, information about the surety bond, lender, and designated persons for receiving notices. Notably, the form mandates that a recorded copy be visibly posted on the job site before the first inspection commences. Furthermore, it signals to all project participants, as well as potential lienholders, the beginning of work, ultimately establishing a timeline for when certain legal rights and obligations come into effect. The Notice of Commencement must be completed accurately and recorded within a specific timeframe, highlighting the importance of understanding its expiration date – typically one year from recording unless otherwise specified. This caution serves to prevent improper payments after the notice expires, which could lead to legal complications or double payments for the property owner. Additionally, the form includes provisions for the termination of the notice under certain conditions, underscoring its comprehensive role in the construction process. The attached advisory on construction lien law further emphasizes the necessity for property owners to be diligent in managing their projects, understanding the implications of the Notice of Commencement, and securing the appropriate releases from lien claims upon payment, ensuring a smoother and legally compliant project progression.

Preview - Miami Dade Notice Of Commencement Form

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,

Name, address and phone number:_______________________________________________________________________________________

_______________________________________________________________________________________________________________________

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.

Name, address and phone number:_______________________________________________________________________________________

_______________________________________________________________________________________________________________________

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)

STATE OF FLORIDA:

COUNTY OF MIAMI-DADE:

Space above reserved for use of recording office

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: _____________________________________________
Print Name ___________________________________________	Print Name___________________________________________________

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

Space above reserved for use of recording office

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)
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:

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

Download Miami Dade Notice Of Commencement PDF Form

Form Data

Fact Number	Fact Detail
1	The Notice of Commencement must be recorded before the first inspection.
2	Governed by Chapter 713, Florida Statutes, specifically addressing construction liens.
3	A recorded copy of the Notice must be posted on the job site.
4	It includes legal description and address of the property, a description of the improvement, and the owner's information.
5	The Notice also includes contractor's, surety's, and lender's name, address, and phone number.
6	Owner-designated persons to receive a copy of the Lienor’s Notice are listed in the form.
7	It specifies an expiration date, typically 1 year from recording unless otherwise noted.
8	Improper payments after the expiration of the Notice of Commencement can lead to paying twice for improvements.
9	Advises consultation with a lender or attorney before commencing work or recording your Notice of Commencement.
10	Includes a warning about the necessity of a Notice of Commencement for improvements greater than $2,500 to protect under Florida’s Construction Lien Law.

Instructions on Utilizing Miami Dade Notice Of Commencement

To successfully file a Miami Dade Notice of Commencement, it's essential to follow a clear and precise set of steps. This document is crucial for your project, as it officially marks the beginning of construction or improvements on your property. By completing this form correctly, you signal to the state and any potential lienholders that work is officially commencing. Below are the step-by-step instructions to fill out the form effectively:

At the top of the form, you will notice spaces for the permit number and tax folio number. If you have these details, enter them in the respective fields.
Provide the legal description of the property and its street address where the improvements are to be made.
Describe the improvement that is planned, being as specific as possible.
Enter the owner's name and address, including their interest in the property. If different from the owner, also provide the name and address of the fee simple titleholder.
Fill in the contractor's name, address, and phone number. This section is vital for contact and identification purposes.
If there's a surety (a payment bond), provide the name, address, and phone number of the surety, along with the amount of the bond.
Include the lender's name and address if financing is involved in the project.
Designate a person within the State of Florida (other than the owner) who can receive notices or documents on the owner’s behalf. Enter their name, address, and phone number.
Specify any additional person(s) designated by the owner to receive a copy of the Lienor’s Notice.
State the expiration date of the Notice of Commencement. Remember, unless a different date is specified, it’s generally 1 year from the date of recording.
Finally, ensure that all owners or authorized individuals sign and date the document. It must then be notarized, acknowledging the identities of the signatories.
At the document's end, the Prepared By section should be filled out with the name, address, and title/office of the individual preparing the document.

Once completed and notarized, the Notice of Commencement must be recorded with the Miami-Dade County Recorder's Office. A recorded copy must also be visibly posted at the job site before the first inspection. This process is crucial for safeguarding your interests and ensuring compliance with Florida's Construction Lien Law. Remember, handling the document with diligence and attention to detail can prevent potential legal complications during and after your construction project.

Obtain Answers on Miami Dade Notice Of Commencement

What is a Notice of Commencement in Miami-Dade County, Florida?

A Notice of Commencement is a legal document recorded with the Miami-Dade County Recorder's Office indicating the start of improvements to real property. Under Chapter 713, Florida Statutes, it provides key information about the property, the improvement, property owner(s), contractor(s), and others involved in a construction project. This notice is crucial for enforcing lien laws and must be posted on the job site before the first inspection.

Why is posting a Notice of Commencement on the job site important?

Posting a recorded copy of the Notice of Commencement on the job site is mandated by law to occur before the first inspection to inform all parties involved in the project, including subcontractors and suppliers, about the commencement and legal details of the project. It serves as a public declaration and is key to the enforcement of lien rights under the Florida Construction Lien Law.

What happens if I don't file a Notice of Commencement?

Failing to file a Notice of Commencement can have significant legal repercussions. The primary consequence is the potential loss of protection under Florida's Construction Lien Law, which could result in the property owner paying twice for the same work or materials if disputes arise regarding payment to contractors, subcontractors, or suppliers.

What information is required in 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 applicable), the lender’s information, and the names of persons within Florida designated by the owner upon whom notices or other documents may be served. It must also state the expiration date of the notice.

What is the significance of the expiration date in the Notice of Commencement?

The expiration date, typically one year from the date of recording unless a different date is specified, is crucial as it marks the period within which your property improvements are covered under the protection of the recorded Notice of Commencement. Payments made after this date are considered improper and could lead to double payments for improvements.

Can I amend a Notice of Commencement once it has been filed?

Yes, amendments to a Notice of Commencement can be filed if details about the project change after the original Notice has been recorded. This might include changes in contractors, the scope of work, or the extension of the project's timeline beyond the original expiration date. These amendments need to be recorded with the County Recorder's Office.

What should I do if the property information changes after filing the Notice of Commencement?

If there is a change in property information, such as the owner's address, after filing the Notice of Commencement, it is advisable to file a corrected Notice reflecting the current information. This ensures that all parties receive necessary notices relevant to the property's construction project.

How do I obtain a Release of Lien from my contractor?

To secure a Release of Lien, the property owner should request a Release of Lien and Affidavit from the general contractor upon making any payment. This document ensures that the subcontractors and suppliers have been paid and releases the owner's property from liens for those payments. Before making final payments, obtaining a final Release of Lien and Affidavit indicates all parties have been fully compensated.

How can I terminate a Notice of Commencement?

Termination of a Notice of Commencement requires filing a Notice of Termination with the same details as the original Notice. It must include the effective termination date, which is either a specified date or 30 days from the recording of the Notice of Termination, and confirmation that all lienors have been paid. This notice must also be recorded with the Miami-Dade County Recorder's Office.

Who can file a Notice of Commencement in Miami-Dade County?

The property owner or the owner’s authorized officer/director/partner/manager can file a Notice of Commencement. It's essential that the person signing the Notice has the legal authority to do so on behalf of the property owner. Consulting with an attorney or the lender before commencing work or recording the Notice is highly recommended for compliance with Florida law.

Common mistakes

When filling out the Miami Dade Notice of Commencement form, individuals often make several critical errors that can lead to significant legal and financial repercussions. Awareness and caution are crucial when completing this form to ensure the protection of your property and financial interests. Below are some common mistakes to avoid:

Not Posting the Notice on the Job Site: A common overlook is failing to post a recorded copy of the Notice of Commencement at the job site before the first inspection. This oversight can result in project delays and potential legal complications.
Incorrect Legal Description of Property: Providing an incomplete or inaccurate legal description of the property can invalidate the notice. This description is critical for identifying the project location and scope under legal terms.
Inaccurate Description of Improvement: Not clearly describing the intended improvements can lead to misunderstandings and disputes over what work is covered under the Notice of Commencement.
Not Specifying the Expiration Date: Failure to specify an expiration date or incorrectly calculating the expiration date can lead to improper payments. The notice is valid for one year from the date of recording unless a different date is specified.
Omission of Owner or Contractor Information: Neglecting to include detailed information about the owner(s) and contractor, including names, addresses, and phone numbers, can lead to issues in accountability and communication. This includes the omission of the fee simple titleholder’s information if different.
Not Including Surety or Lender Details: If applicable, not providing the surety (payment bond) and lender’s name, address, and other details can complicate financial and legal matters, particularly in the event of disputes or claims.

These mistakes can significantly impact the legal and financial protections offered by the Notice of Commencement. Proper preparation, attention to detail, and seeking advice when necessary can help avoid these common errors.

Documents used along the form

When managing construction projects in Miami-Dade County, being well-prepared with the right documents is crucial for a smooth process. The Miami Dade Notice of Commencement form is essential for starting a construction project, but it’s just one of several documents you might need. Here’s a list of other forms and documents that often accompany the Notice of Commencement:

Building Permit Application: This form is required to obtain the necessary permissions to start construction. It details the scope of work, project location, owner information, and contractor details.
Notice of Termination: Used to formally end the Notice of Commencement when the project is completed or halted, ensuring that all parties are aware of the change in project status.
Release of Lien and Affidavit: Provides proof that the contractors and suppliers have been paid and releases the property from any liens for the work performed under the Notice of Commencement.
Contractor’s Final Payment Affidavit: Before making the final payment, the property owner should obtain this document, which is an affidavit from the contractor stating that all subcontractors and suppliers have been paid.
Claim of Lien: Filed by a contractor, subcontractor, or supplier, this document is a claim for unpaid work or materials provided to the property. It's a critical document for lien enforcement under Florida law.
Notice to Owner: A preemptive notice sent by subcontractors and suppliers to the property owner to inform them of their involvement in the project and ensure their right to file a lien if not paid.
Construction Lien Law for Owners: A document that provides property owners with detailed information about Florida’s Construction Lien Law and their rights and responsibilities under this law.

Together with the Notice of Commencement, these documents form the backbone of legal and administrative management for construction projects in Miami-Dade County. Ensuring these documents are accurately completed and filed where necessary can protect the interests of all parties involved and help avoid legal complications.

Similar forms

Building Permit Application: Similar to the Miami Dade Notice of Commencement, a Building Permit Application is required before starting most construction or remodeling projects to ensure compliance with local building codes and regulations. Both documents require detailed information about the property, the nature of the work to be performed, and the parties involved (i.e., property owners and contractors). Moreover, they serve as official records that construction work is legally sanctioned.
Notice of Termination: The Notice of Termination serves as a follow-up or concluding document to the Notice of Commencement, indicating that the work described has been completed or halted and that the effective period of the Notice of Commencement has ended. Both documents are recorded with the county, provide legal dates pertinent to the construction project, and affect the rights and responsibilities of the property owner under state lien laws.
Release of Lien and Affidavit: This document is akin to the Notice of Commencement in that it deals with liens on property, but from an opposite perspective. While the Notice of Commencement announces the start of construction, potentially leading to liens if bills are unpaid, the Release of Lien and Affidavit signifies that all financial obligations have been met concerning the work completed, thereby releasing any liens held against the property.
Construction Lien Law Information Sheet for Owners: This informational document complements the Notice of Commencement by educating property owners about their rights and responsibilities under Florida’s Construction Lien Law. It underscores the importance of the Notice of Commencement and how it protects the property owner’s interests, essentially serving as a practical guide to navigating legal obligations related to construction liens.
Final Payment Affidavit: Similar to the Notice of Commencement, the Final Payment Affidavit is a declaration, typically provided by the contractor to the property owner, stating that all subcontractors and suppliers have been paid. This document is crucial for the property owner to ensure they are not subjected to any unexpected liens, functioning as a companion piece to the sequence started by the Notice of Commencement, signifying the nearing end of a construction project’s financial and legal obligations.
Property Legal Description: Although not a standalone document, the property legal description is crucial in the Notice of Commencement and various other legal documents associated with real estate transactions, zoning applications, and more. It precisely outlines the geographical boundaries of the property in question, ensuring the correct identification and registration of the land where construction activities are set to occur.

Dos and Don'ts

When preparing to fill out the Miami Dade Notice of Commencement form, accuracy and attention to detail are paramount. There are specific dos and don'ts to follow to ensure the process goes smoothly and legally. Below is a comprehensive guide to help you navigate the filling out of this essential document.

Do ensure that the form is fully and accurately completed. Missing or incorrect information can lead to delays or legal complications.
Do provide the legal description of the property as well as the street address. This is critical for identifying the property in public records.
Do list the full name and address of the property owner(s) along with their interest in the property. If there's a fee simple titleholder different from the owner, this must be included too.
Do verify the contractor's name, address, and phone number are correctly entered. This information is vital for contact and legal purposes.
Do include the name and address of the lender if financing is involved in the project. This links the financing to the legal document and the property.
Do ensure that the expiration date of the Notice of Commencement is clearly stated and that it reflects either one year from the date of recording or a specific different date if applicable.
Don't leave the surety information blank if a payment bond is required from the contractor. This information is necessary to protect the owner's financial interests.
Don't forget to post a recorded copy of the Notice of Commencement on the job site before the first inspection, as required by law. Failing to do so can result in inspection and project delays.

Following these guidelines will help ensure that the Notice of Commencement for your project in Miami Dade County is filled out correctly and complies with all necessary legal requirements. This diligent preparation supports a smoother construction process and helps safeguard all parties involved.

Misconceptions

Understanding the Miami Dade Notice of Commencement form and the procedure it entails can often be confusing, leading to several misconceptions. Here are ten common ones:

Misconception #1: The Notice of Commencement is optional for all construction projects.

This is incorrect. In Miami Dade County, for improvements to real property greater than $2,500, the Notice of Commencement is a mandatory document that must be recorded with the Clerk of the Courts.

Misconception #2: Only the contractor is responsible for recording the Notice of Commencement.

Actually, it is the property owner's responsibility to ensure that the Notice of Commencement is correctly filled out, recorded, and posted on the job site before the first inspection. Contractors, however, might assist in the process.

Misconception #3: A Notice of Commencement is not necessary for minor repairs.

While there are exceptions, such as repairs or replacement of an existing heating or air conditioning system under $5,000 in value, generally, any improvement over $2,500 requires a Notice of Commencement.

Misconception #4: The Notice of Commencement only needs to be signed by the contractor.

In fact, the Notice must be signed by the property owner or the owner's authorized agent, not the contractor. The importance of this document necessitates the owner’s direct involvement.

Misconception #5: Once filed, the Notice of Commencement doesn't need to be visible on the construction site.

Contrary to this belief, a certified copy of the recorded Notice of Commencement must be posted at the site before the start of the project and remain visible for inspections.

Misconception #6: There is no expiration date for a Notice of Commencement.

The Notice of Commencement remains valid for one year after its recording date or until the expiration date specified within the Notice, whichever comes first. Property owners should be mindful of this timeframe.

Misconception #7: Filing a Notice of Commencement protects the property owner from all future liens.

This document does initiate crucial protections under Florida's Construction Lien Law but does not automatically shield the owner from any future liens, especially if subcontractors or suppliers are not properly paid.

Misconception #8: A Notice of Commencement is only applicable to commercial properties.

This is false. The Notice of Commencement is required for significant improvements on any real property, including residential, commercial, and otherwise, valued over $2,500.

Misconception #9: Owners do not need to pay attention to the completion of the Notice of Commencement if they have a contractor.

While contractors can provide valuable assistance, the accuracy and legality of the Notice of Commencement are ultimately the property owner's responsibility. Oversight of this process is essential to ensure compliance and protection.

Misconception #10: Alterations or corrections to a filed Notice of Commencement are unnecessary once the document is recorded.

Should any details change, especially the property owner's address, an amended Notice of Commencement must be recorded to ensure all parties receive necessary notices and the document remains accurate.

Understanding the correct procedures and legal requirements regarding the Notice of Commencement helps property owners navigate construction projects more effectively, ensuring compliance with Florida statutes and safeguarding against potential legal issues.

Key takeaways

Understanding the Miami Dade Notice of Commencement form is essential for property owners and contractors planning construction projects. Here are key takeaways to ensure the form is filled out and used correctly:

The Notice of Commencement must be recorded and visibly posted on the job site before the first inspection occurs. This requirement is crucial for the commencement of any construction project.
The form includes vital information such as legal description of the property, description of improvement, owner(s) name and address, contractor’s detail, surety, lender information, and designees who can receive notices on the owner's behalf.
For the Notice of Commencement to be valid, it needs to be signed by the property owner, not by an agent, unless specified. This ensures the owner’s direct involvement in the acknowledgment of the construction project.
The expiration date of the Notice of Commencement is typically one year from the date of recording unless a different date is specified. Owners must be aware of this timeline to avoid any legal complications related to improper payments after the notice expires.
Florida law emphasizes the importance of the Notice of Commencement for protecting property owners under the Construction Lien Law. It serves as a public record, indicating that improvements are being made to the property and notifying potential lienors.
If a project is financed, the property owner is advised to consult with their lender or an attorney before commencing work or recording the Notice of Commencement. This is to ensure that all financial and legal aspects are covered.
A Notice of Termination for the Notice of Commencement can also be filed once the construction project is completed or terminated. This document should include the date and recording information of the original Notice of Commencement and declare all lienors have been paid.

The Miami Dade Notice of Commencement form plays a key role in construction projects within Miami-Dade County. It's not just a formality but a legal document that ensures transparency, compliance with local laws, and protection for the property owner, contractor, and potential lienors. Filling it out accurately and comprehensively, therefore, is essential for a smooth construction process.

Please rate Blank Miami Dade Notice Of Commencement PDF Template Form

4.8

Incredible

15 Votes

Popular PDF Forms

Letter Va Statement in Support of Claim Example - In cases where direct evidence is hard to come by, the statements provided through the VBA VA 21-4138 form can serve as powerful testimonial evidence to support a veteran's claim.

Dc 628 - Details provisions for children with disabilities, ensuring long-term care within the family support structure.

Siba Portal - Various formats for receiving information are available, including Braille and large print.