What’s a Notice To Owner Filing?
Simply put, notice to owner or NTO filings seek to protect the lien rights of those not in privity of contract with a project owner. It alerts property owners that you’re working on or providing materials to a certain project. Subcontractors and material suppliers often do not have direct contracts with the property owner as the contract is normally between the property owner and the general contractor.
What type of companies generally file notices to owner?
Any service or material provider not in direct contact with the property owner. Examples include major trades such as electricians, plumbers, and HVAC. Others include suppliers such as those providing fixtures, furnishings, or materials such as concrete, windows, and more.
What’s “Privity of Contract”?
Privity of contract generally means having a direct contract with another party. In this case, it would mean having a direct contract with a property owner. For example: A property owner often contracts with a general contractor to build a structure such as a building. The general contractor then contracts with several subcontractors for the work in which is not being self-performed. This is normally electrical, plumbing, HVAC, landscape, drywall, painting, and much more depending on the project scope. In this example, the general contractor has privity of contract (i.e. a direct contract) with the owner but the subcontractors do not. Their contract is with the general contractor, not the property owner and do not have privity of contract.
What does a Notice to Owner filing say?
Notice to Owner filings and language vary by state. In this example, we’ll use the filings applicable to the State of Florida and it’s lien laws. In Florida, an NTO filing tells the property owner that you’re providing services or materials on or for their project. It provides notice that they’re responsible for ensuring that you get paid and, if not, that you have the option to place a lien on the property itself. It also indicates that, even if the owner has paid the general contractor, they may still be liable for paying you if the general contractor does not.
What states require NTO Filings?
Many states require NTO filings in order to preserve your lien rights. However, the laws, notice requirements, and deadlines vary. The most common states are Arizona, California, Florida, Louisiana, and Texas although many more states require them to preserve your lien rights.
How do I order my Notice to Owner?
You can send an NTO with the click of a button. Simply click on the “Order Now” button at the top of the page to file your NTO in minutes.
How does it work?
Filing your Notice to Owner with NTOFiling.com is easy. We gather the relevant project information, prepare your filing, send it for your approval and signature, and then send it certified mail via USPS to the recipient(s) of your choice. You’ll receive an electronic tracking number for your records. Additionally, you’ll also gain access to our client portal which shows you all of your NTO filings, their tracking numbers, filing dates, and much more. NTOFiling.com gives you an online reference point for all of your Notice to Owner filings and you never have to lose time driving to and waiting at the post office again.

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