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Florida Notice of Termination of Notice of Commencement Form -...

Florida Termination Commencement Without Cause

Category:

Liens - Construction - Mechanics

State:

Florida

Control #:

FL-03212A

Format:

Instant download

Description

The Florida Termination Commencement Without Cause form serves as a formal declaration to terminate an existing Notice of Commencement, as stipulated by Florida law. It outlines key details such as the date of the original notice, the recording information, and the effective date of termination, which occurs either on the specified date or thirty days after recording if no date is provided. The form requires the submission of necessary attachments, including a copy of the original Notice of Commencement and a Contractor's Affidavit. It ensures compliance with Florida statutes by affirming that all lienors have been compensated. This form is crucial for maintaining clear legal communication and property records. Target audiences such as attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful for facilitating property transactions, ensuring that legal obligations are met, and preventing potential disputes over liens and payments. It also eases the process of managing construction-related documentation and compliance in Florida, making it an essential tool for legal and real estate professionals.

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How to fill out Florida Notice Of Termination Of Notice Of Commencement Form - Construction - Mechanic Liens - Corporation Or LLC?

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FAQ

WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY 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.

You lose your protection under the Construction Lien Law if 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 on the form.

Under Florida law, there is no specific requirement that a Notice of Commencement (NOC) be terminated or released. In fact, there is no statutory process in the state of Florida for the filing of a Notice of Completion.

To properly terminate a notice of commencement, the owner must swear to and include the following information in its recorded Notice of Termination: the same information as in the notice of commencement; the book and page reference numbers and date of the notice of commencement;

Does the Florida Notice of Commencement expire? YES! NOCs in Florida expire one year after they are filed.

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Notice of Termination of Notice of Commencement Form - Construction - Mechanic Liens - Corporation or LLC

713.132 Notice of termination.--

(1) An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that contains:
(a) The same information as the notice of commencement;
(b) The recording office document book and page reference numbers and date of the notice of commencement;
(c) A statement of the date as of which the notice of commencement is terminated, which date may not be earlier than 30 days after the notice of termination is recorded;
(d) A statement specifying that the notice applies to all the real property subject to the notice of commencement or specifying the portion of such real property to which it applies;
(e) A statement that all lienors have been paid in full; and
(f) A statement that the owner has, before recording the notice of termination, served a copy of the notice of termination on the contractor and on each lienor who has given notice. The owner is not required to serve a copy of the notice of termination on any lienor who has executed a waiver and release of lien upon final payment in accordance with s. 713.20.
(2) An owner has the right to rely on a contractor's affidavit given under s. 713.06(3)(d), except with respect to lienors who have already given notice, in connection with the execution, swearing to, and recording of a notice of termination. However, the notice of termination must be accompanied by the contractor's affidavit.
(3) An owner may not record a notice of termination except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with s. 713.06(4). If an owner or a contractor, by fraud or collusion, knowingly makes any fraudulent statement or affidavit in a notice of termination or any accompanying affidavit, the owner and the contractor, or either of them, as the case may be, is liable to any lienor who suffers damages as a result of the filing of the fraudulent notice of termination; and any such lienor has a right of action for damages occasioned thereby.
(4) A notice of termination is effective to terminate the notice of commencement at the later of 30 days after recording of the notice of termination or the date stated in the notice of termination as the date on which the notice of commencement is terminated, provided that the notice of termination has been served pursuant to paragraph (1)(f) on the contractor and on each lienor who has given notice.

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Notice of Termination of Notice of Commencement Form - Construction - Mechanic Liens - Corporation or LLC

713.132 Notice of termination.--

How to Order: To complete your order of the form you have located, close this window and click on the order icon, or Member Download link if you are a Registered User.

Help: If you need help locating a form, please use the Helpline link on the main forms page.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Florida Termination Commencement Without Cause

Description

Related forms

Viewed forms

How to fill out Florida Notice Of Termination Of Notice Of Commencement Form - Construction - Mechanic Liens - Corporation Or LLC?

Form popularity

FAQ

What happens if you don t file a Notice of Commencement Florida?

What happens when a Notice of Commencement expires in Florida?

Do you have to close out a notice of commencement in Florida?

How do I terminate a notice of commencement in Florida?

Does a notice of commencement expire in Florida?

Trusted and secure by over 3 million people of the world’s leading companies

Florida Termination Commencement Without Cause

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Florida Notice Of Termination Of Notice Of Commencement Form - Construction - Mechanic Liens - Corporation Or LLC?

Form popularity

FAQ

What happens if you don t file a Notice of Commencement Florida?

What happens when a Notice of Commencement expires in Florida?

Do you have to close out a notice of commencement in Florida?

How do I terminate a notice of commencement in Florida?

Does a notice of commencement expire in Florida?

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