PBN Lien Notices | Notice to Owner Services in Florida

Florida Construction Lien – Who Should Prepare It

Wednesday, February 5, 2014

Is your Lien Fraudulent?

In Florida, only 3 kinds of people can legally prepare a Claim of Lien:

  1. the Lienor (you)
  2. the Lienor’s employee (e.g. credit manager)
  3. an Attorney

According to Florida Construction Lien Law, Chapter 713.08, if you or one of your employees doesn’t prepare the lien, the only other person who can prepare it is an attorney.

This is why PBN Construction Notices refers any customers’ lien requests to an attorney.

Notice to Owner services cannot prepare liens, unless they have an in-house board certified attorney.

Sure, it’s convenient to have a “one-stop shop” that can handle everything for you, but it won’t be so convenient when your Claim of Lien is tossed out in court.

Questions and comments are always welcome at or 561.746.4400.

Find Construction Deals when you Shop for Notice to Owner

Tuesday, November 19, 2013

PBN Construction Notices now offers a place for contractors to shop for construction deals, while they order Notice to Owner services through

Offering a single place for material suppliers, subcontractors and general contractors to post promotional discounts on their products and services makes sense.

PBN gets a lot of web traffic from construction industry professionals, who are looking for Notice to Owner services. As a way to increase value for our customers, we want them to leverage PBN’s Notice to Owner web traffic to generate more exposure for their company.

Start searching for deals by going to

Do Subcontractors and Material Suppliers Need a Notice of Commencement?

Tuesday, October 29, 2013

A Notice of Commencement contains useful information for subcontractors to complete their Notice to Owner.

While subcontractors and material suppliers may not necessarily need to file a Notice of Commencement (NOC), it’s in your best interest to get a copy in your hands. Here’s why.

In Georgia, if the owner has recorded a NOC, the subcontractor or material supplier must file a Notice to Owner/Contractor in order to preserve their lien rights. Therefore, you should ask in writing for the owner or general contractor to give you a copy of the NOC (if there is one). They’re legally required to send you a copy within 10 days.

In Florida, lien law allows you to use the information in the NOC when preparing your Notice to Owner. So when an NOC has been recorded, it is critical to have that information in order to prepare the most accurate Notice to Owner. Your Notice needs to be as accurate as possible in order to protect your lien rights.

Questions? Call 561.746.4400 or email

PBN Construction Notices Offers Discounted Mechanics Lien Service

Monday, September 9, 2013

Back by Popular Demand!

Did you miss our Mechanics Lien filing service? So did we! It’s a service many of you have requested, and we’re glad to provide a solution.

PBN Construction Notices now works closely with a Florida attorney, who will prepare your Claim of Lien for a significantly discounted rate of $300.

Getting started is easy:

  1. We send you a Claim of Lien request form.
  2. You fill out the one-page document, sign it and forward to the attorney.
  3. The attorney prepares your Claim of Lien.
  4. We record the Claim of Lien for you, saving you a trip to the county courthouse. In counties where e-recording is available, the attorney does the filing.

Why Doesn’t PBN Prepare my Claim of Lien?

Please be aware that Florida law prohibits Notice to Owner companies from preparing Liens.

There are two ways to legally prepare a Lien. You can either self-prepare, or hire an attorney to prepare the Claim of Lien.

Ready to get started? Click here to file a Lien today.

You can be confident that our new process will protect you from having your Lien thrown out in court. We are bending over backwards to make sure our procedures comply with Florida statutes.

Track PBN’s Notice to Owner Processing Time

Monday, August 12, 2013

Ever wonder how long it takes from the time you order a Notice to Owner, until it lands in the mail? With PBN Construction Notices, the guesswork is over.

We are now publishing our Notice to Owner processing statistics each month on our website, We will display our turn-around average for the last 12 months, including a quarterly and monthly statistic.

It’s just another way PBN is committed to providing the construction industry’s best services. Not only will you know what to expect when you place an order, but the stat reporting holds us accountable for maintaining a processing benchmark.

PBN loves helping our subcontractors and material suppliers get paid on time. We welcome new customers to give us a try. Take 10% off your first Notice to Owner by clicking here.

Free North Carolina Lien Waiver and Release Forms

Thursday, August 8, 2013

North Carolina lien waiver forms are now available through The following lien waiver and release forms can be downloaded and used as often as you like, at no cost to you.

North Carolina’s new lien agent law does not affect the existing lien waiver process.

What is a lien waiver?

A lien waiver is a document stating a potential lienor has received payment for labor or materials. Property owners collect these waivers before paying the general contractor. It reduces the potential of liens being placed against the property.

Subcontractors should know that most general contractors will not make a payment without the signed waiver. This is a common industry practice. However, the waivers are written so that lien rights are forfeited only if the check clears.

Need lien waivers for Florida or Georgia? Free downloadable forms for Florida and Georgia are also available through PBN. Visit

Related article: North Carolina Lien Agent FAQ

Do I need a Notice to Owner on Bonded Jobs?

Wednesday, July 17, 2013

Notice to Owner essential for next steps when you don’t receive payment.

Bonded construction projects still require A Notice to Owner.

It notifies the Owner and General Contractor (GC) that you are working on the job. The time frame and details of what need to be included in the Notice to Owner are the same as non-bonded jobs. The differences come in when it is time to take further action because of nonpayment.

Bonded projects are classified into two categories; a public job or a private job. Public jobs are government owned properties and these cannot be liened. Bonds are required for construction jobs on state or local government owned property, if the total contract is above a specific amount. In Florida that amount is $200,000; in Georgia, $100,000.

Public Jobs

When you have not received payment on a public construction project in Florida, a Notice of Nonpayment must be received by the bond holder (GC) and bonding company within 90 days of completing work on the job. In Georgia, this form is called a Payment Bond Claim, also due within 90 days.

If you are a subcontractor who has a direct contract with the bondholder on a public job, a Notice to Owner is not required. BUT, it is highly advisable that you submit a Notice to Owner, as the public entity keeps track of Notices and requests releases at the time of draws. In the event the subcontractor missed filing a Notice to Owner, he/she still has rights to file a Notice of Nonpayment against the bond in the same 90-day time frame.

Private Jobs

While state statutes do not require bonds for private jobs, the property owner can require a bond from the GC in order to protect against risk on a large commercial project. For these jobs, both a Notice of Nonpayment to collect against the bond, as well as a Claim of Lien against the property are used to collect the money owed. This way, you have a greater chance of getting paid, because you have two ways to try to collect. Bonds on these private jobs should be read thoroughly before filing a Claim of Lien to make sure liens are not prohibited.

Construction lien law is complex and cannot be covered completely in this section. We recommend that whenever a specific problem arises you consult an attorney.

Click here to request a Notice to Owner.

Never Miss another Deadline with PBN’s FREE Lien Reports

Monday, July 1, 2013

Did you know you can generate a lien deadline report for all your jobs through PBN’s client web portal?

If you miss the deadline to file a Claim of Lien, your only recourse may be small claims court (if the lien amount is under $5,000). Filing in small claims court is inexpensive, but all you get is a judgment on which you may or may not collect. Breach of contract requires an attorney, which could turn costly.

Perfect a lien, and it gives you leverage on the property. How? The lien attaches to the property, which cannot be sold or mortgaged if a lien is sitting there.

This last scenario happened recently to a PBN client. They had a lien dating back to 2007 on some property. While the owners were in the process of selling the property, the title company found our client’s lien and would not give a clear title without the lien being satisfied.

It’s a great example that illustrates how a lien can still have an effect on the property long after it expires. We encourage you to use our lien reporting tool as a way to file your lien before it’s too late.

How to Generate a Lien Report

  1. Login to the client web portal (
  2. From the main menu, click the REPORTS button.
  3. Click the Lien Report PDF to view a printable report.
  4. The report lists the lien recording deadline for each job.


Remember to update each job’s last service date when you are in the client web portal. The lien report only works if the last service date is populated.

To update the last day on the job, search for orders, and click in the Update Last Service Date column for the jobs you have completed.

Only jobs still eligible for recording a lien will appear in the report.

Need access to the client website?

Contact Customer Service via Chat, or call 561.746.4400 to get your username and password.

Free Downloadable Forms for Florida Waiver and Release of Lien

Need a lien waiver? PBN Construction Notices offers the following lien releases, which you can use as often as you like at no charge.

What is a lien waiver?

Before paying a contractor, the property owner must make sure the person who has given the Notice to Owner has been paid by the contractor. This is done by getting a lien waiver from the person identified in the Notice to Owner (see the lienor’s name, address and phone number).

If a construction lender is paying the contractor directly, the lender is responsible for getting the necessary lien waivers. The property owner should check with the lender to verify that they will be managing these documents in connection with each payment to the contractor. Upon final payment to the contractor, the property owner should be provided with all final Waiver of Lien releases.

What is a Contractor’s Final Payment Affidavit?

The Contractor’s Final Payment Affidavit certifies to the owner that final payment has been received, and all subcontractors and material suppliers on the job have been paid. The affidavit may also list lienors who have yet to be paid.

The Florida Construction Law Authority blog offers a great explanation for why you need to obtain these documents and what happens if you don’t. Read more at

Need lien waivers for Georgia?

Free downloadable forms for Georgia are also available. Visit

Georgia Construction Lien Law Made Easy

by Marvin P. Pastel, II, Esq.

Friday, May 17, 2013

Purpose and Concept of the Law

Georgia’s lien law is designed to protect those, who at the request of the property owner or the owner’s representative (i.e.; the general contractor), provide materials or services that are used to improve the owner’s property and to provide such persons a means of insuring payment from the property they improved if the owner or the owner’s representative (the general contractor) is unwilling or unable to make payment for their services.

A key concept of the Georgia lien law is its treatment of the general contractor. The general contractor is considered to be acting as the owner’s representative for the project. The statute pushes much of the responsibility for compliance with the statute down to the general contractor. Thus, the owner needs to stay diligent to insure that the general contractor follows a few simple steps in the beginning and at the time of final payment to make sure no lien rights remain with respect to the property.

It is important to keep in mind that the lien law protect anyone and everyone who supplies materials or services to the property through either a written or oral contract that is traceable to the owner. This includes contractors, subcontractors, sub-subcontractors, sub-sub-subcontractors, material suppliers, laborers, architects, arborists, surveyors and professional engineers. Traceable to the owner means either that the owner contracted directly with the provider or with someone else who contracted with the provider and so on down the chain. All of the above individuals and entities are potential lienors.

From the Owner’s Perspective

Remember, because the general contractor is the owner’s representative, the general contractor generally performs the statutory steps and receives the notices. However, the owner has no recourse against the general contractor for not carrying out the statutory steps, unless such compliance is part of the owner’s contract with the general contractor.

Step 1: Record a Notice of Commencement (NOC) with the clerk of the Superior Court of the county where the property is located and post it on the worksite within 15 days of the general contractor starting the work. This is perhaps the MOST critical step. Without a NOC a potential lienor is exempted from all no notice requirements. The potential lienor can simply go straight to recording a claim of lien. Why? Because without a NOC the potential lienor doesn’t know who to give notice to.

Step 2: A Notice to Contractor (NTC) must be sent by anyone who does not have a direct contract with the general contractor (i.e.; a sub-subcontractor, material supplier or laborer) within 30 days of the potential lienor starting work or delivering materials. The NTC must be sent to both the general contractor and the owner. Again, the NTC is only required if the NOC was recorded and posted. The owner needs to keep in mind that it is not receiving a NTC from all potential lienors. Subcontractors do not have to issue a NTC. Why? Because presumably the general contractor knows who he has a contract with and can tell the owner upon request. Another provision that should be included in the contract between the owner and general contractor is the requirement that the general contractor provide the Owner a monthly schedule of all subcontractors as a condition precedent to payment.

Step 3: The Contractor’s Sworn Affidavit (CSA) upon final payment. If at the time of making final payment to the general contractor, the owner receives a CSA from the general contractor that everyone has been paid, then everyone loses their lien rights; UNLESS (a) the Claim of Lien has already been recorded or (b) a potential lienor has recorded a Preliminary Notice of Lien Rights. In other words, if the owner has made sure that a NOC was recorded and posted on the worksite, then upon final payment the owner need only check the public records to see if a Claim of Lien or a Preliminary Notice of Lien Rights was recorded. If there are no such recordings, then the owner may make final payment in exchange for the CSA and have no more lien worries.

There are two interesting aspect of law pertaining to the CSA. First, even if the general contractor knowingly gives a false CSA, the potential lienor losses his or her lien rights. Hence, the only way a potential lienor can protect their lien rights is to record a claim of lien or Preliminary Notice of Lien Rights. This means those contractors providing materials or services at the end of the project (painters, landscapers) are well advised to promptly record a Preliminary Notice of Lien Rights.

Second, the owner should to wait 31 days from final completion of the project before issuing final payment in exchange for the CSA. Why? Because a potential lienor has 30 days to record the Preliminary Notice of Lien Rights. Hence, the owner’s contract with the general contractor should not require final payment sooner than 31 days from completion.

From the Subcontractor’s and Lower Perspective

The perspective of the subcontractors and suppliers will vary greatly depending on whether a NOC was recorded and posted on the property. If a NOC was recorded and posted on the property, these potential lienors must give certain notices timely to perfect their lien rights. If no NOC was recorded or posted, then these potential lienors may go straight to recording a Claim of Lien and post-lien notices.

(a) NOC recorded and posted

Step 1: If you are a potential lienor who does not have a direct contract with either the owner or the general contractor, you must give a Notice to Contractor (NTC) within 30 days of starting work or delivering materials to both the general contractor and the owner.

Step 2: Record a Preliminary Notice of Lien Rights (PNLR) within 30 days of starting work or delivering materials and send it to the general contractor or owner within 7 days of recording. Note the important “or” between general contractor and owner. The PNLR does not have to be sent to the owner, it need only be sent to the general contractor to satisfy the statutory requirement. Because the owner does not necessarily get the PNLRs, before issuing final payment, the owner should conduct a search of the public records to see if any such PNLRs have been recorded on the property.

Step 3: Record a Claim of Lien (COL) within 90 days from the date of last work or delivery of materials and send a copy to the general contractor and owner.

Step 4: File a lawsuit and Notice of Lawsuit within 365 days from the date of the filing of record of the claim of lien. The Notice of Lawsuit puts the rest of the world on notice that you have filed a lawsuit that may affect title to the property.

(b) No NOC recorded or posted

If no NOC has been recorded or posted a potential lienor may go directly to lien; that is, skip steps 1 and 2 above. A Contractors Sworn Affidavit will not protect the owner when the NOC has not been recorded or posted. Said another way, a Contractors Sworn Affidavit will not affect a potential lienor’s rights if no NOC has been recorded or posted.

Step 1: Record a Claim of Lien (COL) within 90 days from the date of last work or delivery of materials and send a copy to the general contractor and owner.

Step 2: File a lawsuit and Notice of Lawsuit within 365 days from the date of the filing for record of the claim of lien. The Notice of Lawsuit puts the rest of the world on notice that you have filed a lawsuit that may affect title to the property.

From the General Contractor’s Perspective

For anyone in direct contract with the owner, there are no notice requirements, and such person’s lien rights cannot be cut-off except by payment. These potential lienors can go directly to lien, in the same manner as a subcontractor where NOC was recorded or posted.


The above provides the layperson with the framework to understand the complex web that makes up the Georgia Lien law. If you can master the above concepts, then you are light years ahead on keeping your property lien free. This article does not provide all the technical compliance information such as what must be stated in a NOC or PNLR and how the document is served on the general contractor or owner. Nor does this article cover many nuances that can occur during the process; such as, what to do when a NOC was recorded but not posted on the worksite, or a lien waiver was obtained, but then the check bounces to that subcontractor. To make sure you are fully covered and navigate the statutory web correctly, you will need input from your counsel.

Marvin Pastel, attorney with Winter Capriola Zenner, LLC, can be reached at