On a job with a s. 713.23 payment bond, when must a lienor not in privity with the contractor serve its notice on the contractor?
Correct Answer
A) Before beginning, or within 45 days after beginning, to furnish labor, materials, or supplies
Section 713.23(1)(c): "Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor’s bond for protection on the work." The 45 days mirrors the notice to owner on an unbonded job, which is why the two are easy to run together — but this one goes to the contractor and points at the bond.
Why This Is the Correct Answer
Section 713.23(1)(c): "Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor’s bond for protection on the work." The 45 days mirrors the notice to owner on an unbonded job, which is why the two are easy to run together — but this one goes to the contractor and points at the bond.
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