Preliminary Notice-Public Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Right to Lien for Furnishing labor, Materials or Equipment and Request for Copy of Payment Bond (Project cost must be over $200,000.00 [not hard for a public work] for claim to be filed on the bond). However, public owned property is not lienable.

Scope: State of Florida, Public Works

Important: Service by a certain date in Florida means service by that date, not in the mail to be served as with some states. If the mail was delayed (not refused or ignored) that is an absolute defense to a lien or bond claim.

Time Constraints: A Public Work Florida Preliminary Notice must be prepared and served on the public entities, prime contractors and lenders (and sureties, if one exists) by personal service or certified mail either prior to, or no later than 45 days after, the first furnishing of labor, materials or service to a project. If you supply a subcontractor who supplies the project, he must also receive a copy of the notice.

If you are supplying specially fabricated materials, the notice requirement of 45 runs from the date you first began to actually fabricate the special materials, not from the date of your delivery.

Failure to serve your notices within the required time frame will almost certainly bar your lien rights. If this happens, talk to your attorney immediately.

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Notice of Right to Lien for Furnishing labor, Materials or Equipment and Request for Copy of Payment Bond, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all public entities, all general contractors, all lenders and all sureties. Sending a copy to your customer is required if they are supplying the job for any of the above parties. We strongly urge mailing these notices as soon as possible.

The Lien Writer(®) form makes a request for a copy of the public or payment bond (See Florida Bond or Lien Claim, Public Works, for specifics).

When in doubt, file your lien claim immediately.

Important: Filing the Preliminary Notice in a timely fashion is very important in Florida. If there is substantial compliance with the law regarding your notice, it's information and it's service, your lien claim will often be allowed even with minor errors of fact (again, talk with your attorney).

An applicant (general or subcontractor) for compliance must record a copy of the payment bond in the public records of the county where the project is located. The payment bond must specifically name the project and list the names and addresses of the prime contractor and sureties.

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