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Notice of Commencement (Free Download + AI Generator)
Greg Mitchell | Legal consultant at AI Lawyer
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A Notice of Commencement is a recorded construction notice that creates a public project “starting point” for certain lien and payment-protection rules. In states that use it, the document typically identifies the property, owner, contractor, lender (if any), and a designated party for receiving required notices. It’s most common on private construction and major renovation projects, where owners want better visibility into who may later claim lien rights — and contractors and suppliers need a reliable set of project details for their notices.
Because requirements vary widely by state, this guide focuses on practical U.S. principles and the kind of information the form usually demands. When prepared and recorded correctly, the document reduces confusion, speeds up compliance, and helps avoid preventable lien disputes.
TL;DR
Creates an official public record of the project and key parties, which other notices can reference.
Often triggers short notice deadlines for subcontractors and suppliers, depending on state law.
Missing or incorrect recording steps can increase payment and lien risk, including “paying twice” scenarios in some states.
A structured template helps you capture required fields and attachments so the recorder and building department are less likely to reject the filing.
Disclaimer
This material is for informational purposes only and does not constitute legal advice. Construction lien laws, recording rules, and notice requirements vary by state and sometimes by county and project type. Consult a qualified attorney licensed in the state where the property is located for advice about your specific project.
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Who Should Use This Document
This document is most relevant for private construction projects in states that require or recognize a recorded commencement notice as part of their construction lien framework. It’s commonly used by property owners (including homeowners doing major improvements), general contractors, construction lenders, and project administrators who need a clean compliance trail.
It can apply in both B2B and B2C settings: commercial owners and developers use it for risk management, while residential owners may need it for permitting or inspections in certain jurisdictions. Cross-border parties can use it when the property is in the U.S., but the controlling rules are the property state’s lien statutes and local recording practices, not the parties’ home countries.
User type | Typical use-case | Fit notes |
|---|---|---|
Homeowners | Major remodel or addition where local practice requires recording | Often tied to permitting/inspection workflows in some states |
Developers / owners | Private commercial build-outs and ground-up construction | Useful to centralize project details and notice recipients |
General contractors | Projects where subs/suppliers must serve early notices | Helps ensure everyone uses consistent property/party data |
Lenders | Construction loans that require a recorded notice before disbursement | Often coordinated with closing and draw procedures |
Subs / suppliers | Projects where early notices depend on recorded information | May need a copy to send compliant preliminary notices |
What Is a Notice of Commencement?
A Notice of Commencement is a recorded document that signals construction work is starting and publishes key project details for lien-law purposes. It’s typically recorded in county land records and, in some places, also posted at the job site or provided to the building department.
It is not a contract, not a permit, and not a notice to proceed. It doesn’t authorize work by itself; it organizes compliance and notice obligations around the work.
Two common scenarios where this notice becomes central are:
A private project where state lien law makes early notices mandatory once a recorded notice exists, meaning subcontractors and suppliers need the recorded information quickly. Ohio’s requirements are detailed in Ohio Revised Code § 1311.04.
A project where owners want to reduce the risk of unknown lien claims by ensuring lower-tier participants have a clear channel for serving required notices. Florida addresses the recorded notice in Florida Statutes § 713.13, and local workflow guidance is often published by building departments, such as Miami-Dade County’s Notice of Commencement page.
In some states, the same idea appears under a different label (for example, South Carolina’s “notice of project commencement”), but the goal is similar: publish accurate project data early. South Carolina’s filing and posting requirements appear in S.C. Code § 29-5-23.
Because lien and notice rules are deadline-driven, recording this document early creates a reliable public “project snapshot” so required notices go to the right place and timelines run predictably.
When Do You Need a Notice of Commencement?
You need this document when your project is located in a state (and sometimes a county or project category) that requires recording a commencement notice as part of its lien or permitting workflow. In Florida, for example, the construction lien statute addresses when recording is required and how it interacts with lender disbursements and posting; see Florida Statutes § 713.13. In other states, the notice may be required for certain private improvements (Ohio uses a recorded notice framework under Ohio Revised Code § 1311.04), while some jurisdictions treat it as optional but still useful.
Practically, owners and contractors often prepare the notice at the same time as permitting and financing steps. That timing matters because some states connect inspections, draw schedules, or notice deadlines to recording and posting. Florida law, for example, ties recording and posting to inspection timing through permit-related requirements discussed in Florida Statutes § 713.135. Many Florida building departments also publish practical instructions for when recording is required and how it affects inspections — see, for example, Miami-Dade County’s Notice of Commencement guidance. For homeowners trying to understand the “why” behind these steps, the Florida Bar’s consumer pamphlet on Building a Home discusses common construction-document timing issues, including recording-related cautions.
Practical “red flags” that suggest you should not delay:
The building department or permit card warns that recording and posting must occur before inspections.
The contract requires the owner or lender to record before the first draw is released.
Subcontractors/suppliers will need a designated notice recipient and legal property description to send early notices.
The project scope is large enough that multiple tiers of participants will be involved and lien exposure is meaningful.
When the notice is missing or inaccurate, the risks are usually procedural but expensive: rejected recordings, misdirected notices, extended notice windows for lien claimants, and disputes over whether the owner properly identified the parties and property. Most of these problems are preventable if the first recording is clean and the posted/served copies match what was recorded.
Related Documents
A Notice of Commencement typically sits inside a broader compliance “packet” used to manage payment, notices, and lien-risk controls on a project. Thinking about the surrounding documents helps you avoid treating recording as a one-off form.
Related document | Why it matters | When to use together |
|---|---|---|
Construction contract (owner–contractor agreement) | Defines parties, scope, and notice addresses that should align with recording | Always — use it to verify names and notice contacts |
Permit application / permit card | May require proof of recording or posting before inspections | Often — especially where inspections are conditioned on recording |
Preliminary notice (e.g., notice of furnishing / notice to owner) | Preserves lien rights or triggers owner protections depending on state | When the state’s lien law requires early notices |
Lien waivers and releases | Tracks payments and reduces the risk of unknown claims | With progress payments and at closeout |
Notice of termination / affidavit upon completion (state-specific) | Ends the effectiveness period or signals completion for notice timing | When the project is complete or work stops early |
What Should a Notice of Commencement Include?
Property identification and legal description. Include the legal description (not just the street address) and any parcel/lot identifiers your county expects. Many state lien frameworks rely on this being correct—for example, Ohio’s required contents are detailed in Ohio Revised Code § 1311.04.
Key parties and a reliable notice recipient. List the owner (or lessee), original contractor, and any lender/surety fields required by your state, using exact legal names and usable addresses. Florida’s statutory framework shows the typical “who goes on the form” approach in Florida Statutes § 713.13.
Recording and compliance mechanics. Confirm notarization, formatting, recording fees, and whether job-site posting or building-department delivery is required. Some states make filing/posting part of the statutory scheme, such as South Carolina’s requirements in S.C. Code § 29-5-23.
A clean filing reduces downstream disputes by making project details easy to rely on, notices easy to route, and deadlines easier to track.
Legal Requirements and Regulatory Context
Notice of Commencement rules are mainly a function of state construction lien statutes and local recording practices. There is no single national form. Your state’s lien law determines whether recording is mandatory, what the document must contain, and what happens if it is missing or incorrect. For example, Florida’s construction lien statute lays out the recorded notice framework in Florida Statutes § 713.13, and it provides a specific process for termination in Florida Statutes § 713.132. Florida also ties recording and posting expectations into permitting/inspection warnings through provisions like Florida Statutes § 713.135.
Other states use different mechanisms. Ohio requires a recorded notice for certain private improvements and specifies the required contents in affidavit form under Ohio Revised Code § 1311.04. Michigan’s construction lien framework includes specific rules for the notice on residential improvements and how it is provided and posted under MCL 570.1108a. South Carolina provides for a “notice of project commencement” with filing deadlines and job-site posting language in S.C. Code § 29-5-23.
Across jurisdictions, the legal logic is similar: the recorded notice helps define who must send preliminary notices, where they must send them, and when deadlines start running. If the owner doesn’t record when required, the law may shift risk back onto the owner by expanding notice windows or removing limitations that would otherwise apply. Consumer-facing guidance from some states emphasizes that owners can still face lien exposure even if they paid their contractor; Georgia’s consumer education materials discuss this risk in Georgia ConsumerEd’s overview of liens against your home.
Because these rules are technical and state-specific, this section is general information only. Before recording, confirm the exact statutory form, notarization requirements, and county recording rules in the property’s location, and consult a local construction attorney for high-value projects or complicated ownership structures.
Common Mistakes When Drafting a Notice of Commencement
Using informal names or mismatched entities. Recordings can be challenged or require re-filing when the owner/contractor name doesn’t match the contract or legal registry records. Use exact legal names and verify them through a reliable directory such as the National Association of Secretaries of State corporate registration directory.
Treating the street address as the legal description. Many jurisdictions expect a legal description tied to land records, not just an address. Ohio’s statutory content requirements show how specific this can be in Ohio Revised Code § 1311.04.
Missing post-recording steps (posting, certified copy, permitting workflow). Recording alone may not satisfy permit/inspection timing or posting rules. Florida’s inspection-related warning language is in Florida Statutes § 713.135, and some states require job-site posting (see S.C. Code § 29-5-23).
Most Notice of Commencement problems are avoidable if you verify identities, use a true legal description, and follow the “after recording” steps exactly as required.
How the AILawyer.pro Notice of Commencement Template Helps
A good template does two things: it captures required fields in the right order and it prevents “silent omissions” that cause recording rejections or notice disputes. The AILawyer.pro Notice of Commencement Template is structured to help you gather property identifiers, legal descriptions, party names, and notice-recipient information in a consistent way before you sign and notarize anything.
It also prompts you to think about the downstream workflow: where the certified copy will be kept, whether a job-site posting is required, and how the owner (or project administrator) will route incoming notices. That operational layer is what turns a recorded document into a usable compliance system. For states with special rules around termination or effective periods, the template includes optional fields to track expiration dates and closeout steps so you can coordinate with counsel and your lender.
Practical Tips for Completing Your Notice of Commencement
Start with verification, not drafting. Confirm the property’s legal description from the deed, survey, or title documents; confirm exact legal names from the contract signature blocks; and confirm whether the owner is an individual, a trust, or an entity. Most avoidable errors happen because people “guess” at official identifiers.
Next, check your state’s statute and local recording requirements. If the project is in Florida, review the recording framework in Florida Statutes § 713.13 and the permit/inspection warning language in Florida Statutes § 713.135. If the project is in Ohio, compare your draft against the affidavit-form content list in Ohio Revised Code § 1311.04. You’re looking for mandatory fields, required signatures, and any timing triggers.
Finally, plan the “after recording” workflow. Decide who will keep the certified copy, where it will be posted (if required), and how the designated recipient will process notices from subs and suppliers. A simple internal checklist for handling incoming notices can prevent missed deadlines and payment surprises. If you intend to record a termination at closeout, coordinate early with your attorney so you understand statutory prerequisites like those described in Florida Statutes § 713.132.
Checklist Before You Sign or Use the Notice of Commencement
All party names match the contract and legal records, including entity suffixes and addresses.
The legal property description is complete and verified, not just a street address.
The designated notice recipient information is accurate and monitored, with a process for handling incoming notices.
Notarization and formatting requirements are satisfied, including any county-specific recording rules.
Posting and certified-copy steps are planned and assigned, especially if tied to inspections.
Any closeout/termination plan is confirmed with counsel, where the state provides a statutory termination process.
FAQ: Common Questions About the Notice of Commencement
Is this document required in every state?
No. Requirements are state-specific and sometimes project-specific, so you must check the property state’s lien statute and local recorder guidance.
Is a commencement letter for construction the same thing?
Usually not. A kickoff letter is typically an internal or contractual communication. A recorded notice is a land-records document tied to lien-law procedures.
Who should record it — owner, contractor, or lender?
That depends on the state and the deal structure. Many statutes place the obligation on the owner (or designee), while lenders may require proof of recording before disbursing funds. Florida’s statute discusses lender and posting dynamics in Florida Statutes § 713.13.
What happens if it isn’t recorded when required?
Consequences vary. Some states shift risk to the owner by extending notice windows or limiting defenses that would otherwise apply. This is one reason owners still face lien exposure even after paying a contractor, as explained in consumer guidance like Georgia ConsumerEd’s liens overview.
Can I file it online?
Many counties offer e-recording, but availability and approved vendors differ. Even when e-recording is available, notarization and formatting rules still apply. Check your county recorder or clerk’s official guidance.
When can it be terminated?
Only when the state’s statute allows it and required conditions are met. In Florida, the statutory termination pathway is described in Florida Statutes § 713.132, including service and supporting affidavit concepts.
Get Started Today
A well-prepared Notice of Commencement can help prevent confusion, reduce avoidable recording rejections, and create a clearer compliance trail for payment and lien notices. Use the AILawyer.pro template to capture verified party names, property identifiers, a reliable notice-recipient address, and the practical “after recording” steps that many projects overlook. Once completed, record the document using the correct local process, keep a certified copy, and align your project’s notice handling with your state’s lien rules. For large projects or complex ownership structures, have a local construction attorney review the final draft before recording.
Sources and References
Miami-Dade County’s Notice of Commencement page
Georgia ConsumerEd’s overview of liens against your home
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