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. Fla. Stat. § 713.23(1)(c). If a notice of commencement with the attached bond is not recorded before commencement of construction, the lienor not in privity with the contractor may, in the alternative, elect to serve the notice to the contractor up to 45 days after the date the lienor is served with a copy of the bond. A notice to owner pursuant to Fla. Stat. § 713.06 that has been timely served on the contractor is sufficient.

For specially fabricated materials, the 45-day period begins at the time of fabrication. Actual delivery of the materials to the job site is not required because the fabricated material would have no other useful purpose other than for the particular project for which they are fabricated. See Oolite Industries, Inc. v. Millman Const. Co., Inc., 501 So. 2d 655 (Fla. 3d DCA 1987).

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W Mason is an associate with the law firm Fox Rothschild LLP. W practices in Fox Rothschild’s Litigation department in West Palm Beach, Florida. W focuses his practice on commercial litigation throughout Florida, with an emphasis on construction litigation. You can reach W at (561) 804-4432 or wmason@foxrothschild.com. Below are some recent posts W has written on Florida Construction Lien Law: