Notice of Commencement filing requirements vary by state, but the core obligation is the same wherever the document is used: before construction starts, the property owner records a sworn, notarized notice in the county where the property sits, lists the owner, contractor, lender, and surety on it, posts a certified copy at the job site, and terminates it once work is complete. Roughly a dozen states build this filing into their mechanics’ lien laws, and in those states skipping or mishandling it can leave an owner paying for the same work twice.
When a Notice of Commencement Is Required
Not every repair job triggers the filing requirement. States that use the Notice of Commencement generally limit the mandate to projects above a certain dollar amount. Some set the threshold at a few thousand dollars for direct contracts; others tie the requirement to any improvement that could give rise to a lien, regardless of cost. Minor cosmetic work and routine maintenance usually fall below whatever line applies.
The projects that consistently require a notice include new construction, major additions, full roof replacements, and large-scale mechanical or electrical work. Both residential and commercial properties are covered when permanent improvements are being made. A new HVAC installation or extensive plumbing upgrade will almost always cross the statutory threshold.
The notice is closely linked to building permits without being a prerequisite for one. In many jurisdictions, the building department will not perform inspections beyond the initial one unless a copy of the recorded notice has been filed with the permitting authority.1The Florida Legislature. Florida Statutes 713.135 – Notice of Commencement and Applicability of Lien Construction lenders also insist on seeing a recorded copy before releasing the first draw, because the notice helps establish the lender’s mortgage priority over mechanics’ liens that may arise during the project.
States That Use the Document
Only a minority of states have built this document into their lien laws. Among the states where the Notice of Commencement is most established for private construction are Florida, Georgia, Iowa, Michigan, Nebraska, Ohio, Pennsylvania, South Carolina, and South Dakota. The office responsible for recording ranges from the county recorder to the clerk of superior court, depending on the jurisdiction. In at least one state, the notice is posted to an online mechanics’ lien registry rather than filed with a traditional recording office.
Some states require the notice on both public and private projects; others limit it to one category. A handful use it only on public projects. The remaining states rely on different mechanisms, such as preliminary notice requirements triggered by the start of work rather than a recorded owner filing. Contractors working across state lines should check the lien statute in each jurisdiction, because terminology, deadlines, and filing offices can be entirely different from one state to the next.
Federal Projects Follow a Different System
Federal construction is outside this framework entirely. Government property cannot be subjected to mechanics’ liens, so the protections a Notice of Commencement provides are irrelevant on federal jobs. The Miller Act instead requires prime contractors on federal contracts exceeding $100,000 to post both a performance bond and a payment bond before work begins. Unpaid subcontractors and suppliers sue on the payment bond in federal court rather than filing a lien.2Office of the Law Revision Counsel. 40 USC 3131 – Bonds of Contractors of Public Buildings or Works
Information You Have to Include on the Form
The Notice of Commencement form asks for specific data about the property, the people, and the money behind the project. Getting any of it wrong can delay recording or leave the notice legally defective.
- Property description. A full legal description, not just a street address. This typically includes the lot number, block, and subdivision name drawn from official land records, often referencing a specific plat book and page.
- Owner information. The owner’s full legal name and mailing address. If the person ordering the work is not the fee-simple titleholder, both the contracting party and the titleholder must appear on the form.
- General contractor. Name, license number, and contact information, so subcontractors and suppliers know who to reach.
- Construction lender. If a financial institution is funding the project, the lender’s name and address must be listed.
- Surety bond. When a payment bond is in place, the name and address of the surety company go on the notice.
If the property has multiple owners, each co-owner typically needs to sign. Some jurisdictions allow one owner or an authorized agent to sign for all, but this varies. The document must be signed under oath and notarized before it can be accepted for recording. Notary fees for a single signature generally run between $2 and $25, depending on the state.
Many state forms also include a statutory warning directed at the owner, explaining that improper payments could result in liability for the same work twice. That warning exists because the lien statute treats payments made without following proper procedures as legally unprotected.
Recording, Posting, and Service
Recording
Once the notice is completed and notarized, it goes to the recording office in the county where the property is located. Many counties now accept electronic filings, which allow for immediate submission and digital payment. Government recording fees generally fall between $10 and $30 for a standard-length document. After recording, the office assigns an instrument number or a book-and-page reference for public indexing. Certified copies are typically available for under $20.
Posting at the Job Site
Recording alone is not enough. The owner or contractor must also post a certified copy of the notice at the construction site in a location visible to anyone working on or inspecting the project. A weather-protected board near the main entrance is the standard approach. The posting must stay up for the duration of the project. In some states, an owner who fails to keep the notice posted becomes liable for the actual expenses a subcontractor or supplier incurs trying to track down the information the posting would have provided.
Serving Other Parties
Some jurisdictions require the owner to serve copies on certain parties, particularly if the notice is later amended. When an owner records an amended notice, copies often must go to the general contractor and to any subcontractors or suppliers who have already sent preliminary notices. Certified mail is the usual method, so there is a paper trail proving delivery. Keep a log of when and how notices were served.
How Long the Notice Lasts
A Notice of Commencement does not last forever. The standard validity period in most states is one year from the recording date, though some forms allow the owner to specify a longer period if the construction contract calls for it. If work has not physically started within a set window after recording, often 90 days, the notice may become invalid and a new one must be recorded.
Expiration is not a trivial technicality. Any payments the owner makes to the contractor after the notice expires can be classified as improper payments under the lien statute. Those payments do not count toward satisfying the owner’s obligation to subcontractors and suppliers. If a subcontractor later files a lien for unpaid work, the owner could end up paying for the same improvement a second time.3The Florida Legislature. Florida Statutes 713.13 – Notice of Commencement
Terminating the Notice When Work Is Done
When construction wraps up, the owner should record a Notice of Termination. This document formally closes out the Notice of Commencement and cuts off the window for new lien claims to relate back to the original recording date. Termination typically requires a final contractor’s affidavit confirming that all work is complete and all subcontractors and suppliers have been paid. The contractor should also provide final lien waivers from every party that furnished labor or materials.
The owner generally cannot record a Notice of Termination while construction is still underway unless all lien claimants have been paid in full. That creates a gray area on projects that stall mid-construction, because it may be unclear whether work has truly stopped or is merely paused. The ambiguity becomes a serious problem when the owner needs to sell or refinance before the project is finished.
Why Termination Matters for Sales and Refinancing
An active Notice of Commencement is a red flag for title insurance companies. Because mechanics’ liens relate back to the date the notice was recorded, any lien filed during the project’s life has priority over a deed or mortgage recorded afterward. A title insurer will not issue a clean policy on a property with an open notice, because the new buyer or lender could inherit liability for every unpaid subcontractor and supplier on the job.
To close a sale or refinance while an active notice is on the record, the owner must terminate it first by recording a Notice of Termination along with the contractor’s final affidavit and lien waivers. If the project is not yet complete, the termination process becomes more complicated and may require the owner to demonstrate that construction has genuinely stopped and all parties have been paid. Failing to handle this before closing can delay the transaction by weeks or kill it.
Owners regularly get caught off guard here. Someone finishes a kitchen renovation, pays the contractor, and then decides to sell six months later, only to discover an unterminated notice is clouding the title. The fix is straightforward if the contractor cooperates. Chasing down a contractor for a final affidavit long after the job is over can be its own headache. The better practice is to terminate the notice as soon as the last invoice is paid and the final inspection is complete.
What Happens if You Skip the Filing
Skipping the Notice of Commencement does not make lien rights go away. Subcontractors and suppliers retain the ability to file liens in most jurisdictions whether or not the owner records the notice. What changes is the owner’s ability to manage and defend against those liens.
Without a properly recorded notice, payments to the general contractor may not qualify as “proper payments” under the lien statute. An owner who makes proper payments and follows the correct procedures can use those payments as a defense against a lien claim. An owner who pays without a valid notice on file loses that defense and faces the risk of paying twice for the same work: once to the contractor and again to discharge a lien filed by an unpaid subcontractor or supplier.
On the inspection side, building departments in some states will refuse to perform inspections beyond the initial one if a copy of the recorded notice has not been filed with the permitting office. Preliminary site work and temporary utility hookups are typically exempt, but once actual construction begins, the missing notice can bring the project to a halt until the paperwork is corrected.
Construction lenders face their own exposure. A lender contractually obligated to ensure the notice is recorded, and that fails to do so, can be held liable to the owner for damages the owner sustains as a result. That liability does not extend to subcontractors or suppliers, but it gives lenders a strong reason to verify the notice is on file before releasing funds.