NOTICE OF COMMENCEMENT FAQ

What is a Notice of Commencement?

A Notice of Commencement is a legal filing that marks the official beginning of a construction project. It provides public notice of the project’s scope, location, and key participants, such as the property owner, general contractor, and lender.

Why is a Notice of Commencement important?

It establishes transparency by informing subcontractors, suppliers, and the public about the project. In many jurisdictions, it is required to protect lien rights and ensure proper payment procedures in construction projects.

When should you file a Notice of Commencement?

It must typically be filed with the county clerk or recorder before starting construction or within a legally defined time frame after work begins. Filing early helps avoid disputes over payment and lien rights.

What should a Notice of Commencement include?

It should contain the property description, owner’s details, contractor information, lender details (if applicable), the project start date, and the legal authority under which it is filed.

Is a Notice of Commencement legally required?

Yes, in many states and jurisdictions, filing a Notice of Commencement is mandatory before construction can proceed. Failure to file may affect lien rights and project legality.

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