The owner is responsible for posting a notice of commencement on Florida construction sites with a construction loan.

Outline / Skeleton

• Hook: In Florida construction, tiny steps can prevent big headaches—like posting a Notice of Commencement (NOC) when a project has a construction loan.

• What is a Notice of Commencement and why it matters

• Who is responsible? The owner, if the project has a construction loan and exceeds $2,500

• Why the owner’s role matters for everyone on the job

• The practical basics: where to file, what to post, and timing

• Roles of others (contractor and lender) and common misconceptions

• Quick tips to stay compliant and avoid hiccups

• Related topics that naturally fit here (permits, liens, and public records)

• Wrap-up: clear takeaways and a nudge to keep good, documented records

Article: Who’s on the hook for posting a Notice of Commencement on Florida job sites with a construction loan?

Let me explain a little something about Florida construction law that often slips under the radar until someone’s staring down a lien issue or a payment dispute. When a project is financed with a construction loan and the job is valued over $2,500, Florida requires a Notice of Commencement, or NOC for short. This isn’t just bureaucratic fluff. It’s a public record that helps everyone—property owners, contractors, subcontractors, suppliers, and lenders—clearly see what’s happening on the site and what financial arrangements back the work. Translation: it protects people by making the project details transparent. And yes, there’s a specific person who bears the responsibility for posting it: the owner.

The basics: what the NOC actually is

A Notice of Commencement is a document that records essential information about a construction project with the local county clerk and then gets posted on the job site. The idea is simple: before work starts, everyone involved should know who owns the property, who’s financing the project, what’s being built, where to find the legal description of the property, and when the work is expected to begin. The on-site posting acts like a public billboard for the project, but with legal weight. If someone later claims a lien or a payment issue, the NOC helps establish timelines and ownership; it’s a reference point for all parties to verify the project’s status.

Who’s responsible for posting when there’s a construction loan over $2,500?

This one’s a classic point of confusion. The correct answer is the owner. Florida law makes the owner responsible for filing and posting the Notice of Commencement when the project is financed by a construction loan and the value crosses that $2,500 threshold. The contractor does the actual work, and the lender provides finance, but neither is required to post the NOC on the site. That duty sits squarely with the property owner, often with the owner’s agent helping to handle the paperwork and posting.

Why the owner’s responsibility matters

Think about the people who pour concrete, lay bricks, run electrical lines, or install plumbing. They’re all relying on a fair, clear process to ensure they’re paid and that their rights are protected if a dispute arises. The NOC creates a public record of the project and its financing. It:

• Sets clear expectations for subcontractors and suppliers about the project timeline and the financing structure.

• Helps lenders confirm the project is progressing in line with the loan terms.

• Helps property owners and contractors avoid surprises by making financing details transparent from the start.

• Plays a role in payment chain protections, such as mechanics liens, because it documents when work starts and who is involved.

In plain terms: posting the NOC is a courtesy that becomes a legal shield for everyone who contributes to the job.

Where to file and what to post, and when

Here’s the down-to-earth version, without the legalese:

• Filing location: The NOC is recorded with the county Clerk of Court in the county where the property sits. This creates the official public record of the project.

• On-site posting: A copy (or a certified form) must be posted at the construction site, in a location visible to workers and visitors. It’s not enough to tuck the notice away in a file somewhere; the site needs a conspicuous posting.

• Timing: The NOC should be posted before construction begins. Many projects require recording the NOC and having it posted no later than seven days before the start of construction. If the project is delayed or changes, the NOC may need updating, and a new notice may be required in some cases.

• What goes into the NOC: You’ll typically see the owner’s name and address, the name and address of the lender (the construction loan), a legal description of the property, a general description of the improvement, the property’s street address, the estimated start date, and the date the notice was recorded. The goal is to give a clear, complete snapshot that all parties can reference.

The role of the contractor and the lender (and why they’re not the ones posting)

Contractors are the people turning plans into reality. They’re essential to the project, but they aren’t the ones who post the NOC. Lenders fund the project, and they’re invested in seeing the job completed, but they don’t have the obligation to post the notice at the site. The legal duty lands on the owner, sometimes with help from a property manager, a legal representative, or a title company—someone who can ensure the filing is done correctly and the posted notice is updated if anything changes.

A practical mindset: what this means on the ground

If you’re an owner, here are practical steps to keep things smooth:

• Confirm loan details: Make sure the lender’s name and contact info are clear on the NOC. Any discrepancy can cause delays in lien questions or payment claims later.

• Prepare the legal description: Have the property’s legal description handy. Copy it exactly as it appears in the deed; typos here can create bigger headaches down the line.

• Coordinate with the county clerk: Check whether the county requires any specific forms or additional information. Some counties offer templates or online filing options.

• Post where it’s visible: Choose a spot on the site that’s accessible to workers and inspectors. If the site has shifting weather or safety controls, ensure the posting remains legible and unobscured.

• Keep it current: If ownership changes hands, or if the loan details change, update the NOC as required. If the permit runs long, you may need to refile or renew in line with local rules.

• Retain copies: Maintain both the posted notice and the recorded document in a project file. It’s not just about compliance; it’s about having a reliable reference when questions come up later.

Common misconceptions worth clearing up

• “The contractor can file the NOC.” Not true for the posting requirement. The contractor’s work matters, but the legal duty to post rests with the owner for projects with a construction loan.

• “The lender posts the notice.” Also not true. The lender’s role is financial, not administrative posting, even though the loan shows up on the notice.

• “If there’s no loan, there’s no NOC.” Florida law can still require a Notice of Commencement for certain projects, but the question here emphasizes that the loan scenario with a threshold amount triggers the owner’s obligation.

Relating to other core topics you’ll encounter

While the NOC is itself a straightforward filing, it sits among a bundle of essential Florida construction-law steps:

• Permits and inspections: Before anything, you typically need building permits. The permit process and the NOC often run in parallel, and having the NOC ready helps inspections with public records referencing the project.

• Lien rights and notices: The NOC is a key element in lien timelines. When subcontractors or suppliers file mechanics liens, they’ll refer back to the NOC to establish when work began and who was involved.

• Notices of non-payment and payment bonds: In some projects, you’ll see notices tied to payment disputes. The public record nature of the NOC helps anchor these discussions in a documented timeline.

Resources you can lean on

If you want to cross-check details or dive a touch deeper, you’ve got reliable anchors:

• Florida Statutes, particularly those sections governing Notices of Commencement and mechanics liens.

• The Clerk of Court or County Recorder’s office in the project’s county; many counties publish quick-reference guides for property owners.

• Florida Department of Business and Professional Regulation (DBPR) for general regulatory context on construction oversight.

• Local jurisdiction websites often provide templates or sample notices, plus deadlines and fees.

Why this small legal step matters in everyday work

Construction sites hum with activity: saws, drills, and the occasional gust of exhaust fans. But behind the scene, a small form and a posted notice anchor a lot of legal and financial stability. It’s not the flashiest part of a project, but it’s where responsibility meets transparency. When everyone knows who’s financing the job, where to look for the official project description, and when work is supposed to start, you cut down on confusion, disputes, and the risk of payment delays.

A few quick, practical takeaways

• The owner is the one responsible for posting the NOC on sites with a construction loan over $2,500.

• The NOC is recorded with the county Clerk of Court and posted on-site in a prominent, accessible location before construction begins.

• The document should include owner and lender names, the property description, and a summary of the planned improvements.

• Keep good records: copies of the posted notice and the recorded filing, plus any amendments, should live in the project file.

• Don’t assume the contractor or lender will handle posting for you. Confirm roles early and document who is responsible.

A final thought

If you’re part of a project team, this is one of those tasks that pays dividends later. It’s about clarity, due process, and making sure everyone—from the folks laying bricks to the person signing off on the loan—can point to a single, verifiable source of truth. The owner’s responsibility to post the Notice of Commencement may seem like a small duty, but it carries a lot of weight in keeping the work honest, organized, and protected.

If you’re curious about how these pieces fit together in real-world projects, keep an eye on how local jurisdictions handle filings and postings. The more you understand the rhythm—the filings, the postings, the deadlines—the more smoothly a project tends to move from blueprint to reality. And for anyone juggling multiple roles on a site, remembering who posts what helps you navigate the day with a bit more confidence and fewer surprises.