A subcontractor discovers they need to serve a Notice to Owner but the owner's address is not readily available. What should they do under Florida lien law?
Correct Answer
A) Check the building permit or property records for owner information
Florida Statute 713.13 requires serving Notice to Owner to preserve lien rights. If the owner's address is unknown, the subcontractor should check building permits, property records, or other public documents to obtain the owner's proper address for service.
Why This Is the Correct Answer
Florida Statute 713.13 mandates that subcontractors serve a Notice to Owner to preserve their lien rights, and this notice must be properly delivered to the actual owner. When the owner's address is not readily available, the law requires reasonable efforts to locate the owner's proper address through public records. Building permits and property records are the most reliable and accessible sources for obtaining accurate owner information, as these documents are required to contain current owner details and are maintained by government agencies.
Why the Other Options Are Wrong
Option B: Skip the Notice to Owner requirement
Skipping the Notice to Owner requirement would result in the complete loss of lien rights under Florida Statute 713.13. The notice is mandatory for subcontractors who do not have a direct contract with the owner, and failure to serve it within the required timeframe (45 days of first furnishing labor/materials) permanently waives the right to claim a construction lien.
Option C: Wait until project completion to file the lien
Sending the notice only to the general contractor does not satisfy the statutory requirement under Florida Statute 713.13. The Notice to Owner must be served directly on the property owner, not just other parties in the construction chain. While the general contractor may have the owner's information, this does not substitute for the required direct service to the owner.
Memory Technique
Think 'Public Records = Public Access' - when private information isn't available, public records (permits and property records) are your legal pathway to find owner information for proper notice service.
Reference Hint
Florida Statutes Chapter 713 - Construction Liens, specifically Section 713.13 regarding Notice to Owner requirements and service procedures
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