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Notice of Commencement in Brevard County: A Complete Guide for Property Owners

DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Requirements for Notice of Commencement may change over time. Always verify current requirements with the Brevard County Clerk of Courts or your local building department, and consult with a qualified attorney for legal guidance regarding your specific situation.



When starting a construction project in Brevard County, one of the most crucial yet often misunderstood documents is the Notice of Commencement (NOC). This essential legal document protects both property owners and contractors, but what exactly is it, and why does it matter? Let's break it down.


What is a Notice of Commencement?

A Notice of Commencement is a legal document recorded with the Clerk of Courts that officially marks the beginning of a construction project. In Florida, it's typically required for any construction project valued at $2,500 or more. Think of it as the official "start button" for your construction project that creates a public record.


Why is it Important?

The NOC serves several critical purposes:

  • Protects property owners from paying twice for the same work

  • Establishes priority for lien claims

  • Helps subcontractors and suppliers know who to notify about their involvement in the project

  • Required for obtaining building permits for most significant improvements


The Brevard County Process

In Brevard County, filing a Notice of Commencement involves several specific steps:

  1. Document Preparation: The NOC must include:

    • Property owner's name and address

    • Property description

    • General contractor's name and address

    • Surety information (if applicable)

    • Lender information (if applicable)

    • Project description

    • Expected completion date

  2. Notarization: The document must be signed by the property owner and notarized.

  3. Recording: The NOC must be recorded with the Brevard County Clerk of Courts. This can be done:

    • In person at the Brevard County Courthouse

    • Online through the Clerk's official website

    • By mail

  4. Posting: A certified copy must be posted at the job site before beginning construction.


Property Owner Responsibilities

As a property owner, you are legally responsible for:

  • Filing the Notice of Commencement

  • Ensuring it's recorded correctly with accurate information

  • Maintaining a copy of the recorded NOC

  • Making sure it's posted at the job site

  • Verifying all information is accurate


Important Timelines

The NOC should be recorded before any construction work begins. In Brevard County:

  • It must be recorded and posted before the first inspection

  • It expires one year from the recording date unless a different expiration is specified

  • Can be extended if construction continues beyond the expiration date


Common Pitfalls to Avoid

  1. Late Filing: Filing after work has begun can complicate lien priorities and potentially expose the owner to paying twice for the same work.

  2. Incorrect Information: Even small errors in property description or contractor information can cause significant issues.

  3. Failure to Post: Not posting the certified copy at the job site is a violation of Florida law.

  4. Missing Extensions: Letting the NOC expire while work continues can create legal complications.


How it Affects Payment and Liens

The NOC plays a crucial role in the construction payment process:

  • Establishes the timeline for potential lien claims

  • Provides necessary information for suppliers and subcontractors to serve notices

  • Helps prevent unauthorized liens on your property

  • Creates a clear chain of responsibility for payments


Best Practices for Property Owners

To ensure smooth sailing:

  1. File the NOC before any work begins

  2. Keep copies of all recorded documents

  3. Verify posting at the job site

  4. Keep records of when it was filed and when it expires

  5. Monitor any changes that might affect the NOC


Conclusion

A properly filed Notice of Commencement is your first line of defense in protecting your interests during a construction project. While the process might seem bureaucratic, it's an essential tool that helps ensure your project proceeds smoothly and protects all parties involved.


Need Help?

For specific questions about filing a Notice of Commencement in Brevard County:

Remember: This information is general guidance. For specific legal advice about your construction project, consult with a qualified attorney.


Have questions about your construction project? Contact Johnson Brothers Construction:


Our experienced team can help guide you through your construction project from start to finish.

 
 
 
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