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Recording the notice of commencement in the clerk’s office satisfies which part of the owner’s duty under s. 713.13?

Correct Answer

C) Only the recording half; a certified copy or notarized statement must also be posted on the site

Section 713.13(1)(a) is a two-part duty: record the notice in the clerk’s office and "post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof" at the site. Recording alone leaves the site unposted, which is what a lienor arriving on the job looks for to learn who the owner, lender and surety are.

Answer Options
A
Only the posting half; the recorded original stays with the building department
B
Neither half until the contractor countersigns the recorded notice
C
Only the recording half; a certified copy or notarized statement must also be posted on the site
D
The whole duty, because recording in the clerk’s office gives constructive notice to every lienor

Why This Is the Correct Answer

Section 713.13(1)(a) is a two-part duty: record the notice in the clerk’s office and "post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof" at the site. Recording alone leaves the site unposted, which is what a lienor arriving on the job looks for to learn who the owner, lender and surety are.

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