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Notice of Commencement for Construction of Buildings

Construction of Buildings · NAICS 236 · Notice of Commencement

A Notice of Commencement is a formal document recorded in the county where a building project is located. It identifies the property owner, general contractor, and other key parties, and it sets the date from which lien priority is measured. In the construction of buildings – whether a custom home, apartment complex, or office building – this notice is critical for protecting the owner from mechanics liens filed by subcontractors or suppliers who are not paid. By recording this notice early, you establish a clear timeline and legal framework for the project, helping to avoid disputes and ensure that all parties are aware of their rights and obligations.

When you need this document

Before starting construction on a new commercial building such as an office, retail, or industrial facility.
At the commencement of a residential construction project, including custom homes and multifamily housing.
When a general contractor is hired and the project will involve subcontractors or material suppliers.
If a construction loan is involved and the lender requires proof of notice filing.
When the project involves public improvements or private work with potential lien exposure.

What the generated draft includes

Project identification and legal description of the property.
Names and addresses of the property owner and general contractor.
Surety and lender information if applicable.
Statement of the building project type and scope.
Acknowledgment and notarization block for the owner.
Filing and posting instructions per state law.

Frequently asked questions

Why is a Notice of Commencement important for building construction?

It protects the property owner from mechanics liens by establishing the project's start date and priority. Without it, subcontractors and suppliers could file liens that take priority over the owner's interests, potentially leading to payment disputes and title issues.

When must I file the Notice of Commencement?

Filing deadlines vary by state, but generally it must be recorded before construction begins or within a short window after. For example, in Florida it must be filed before the first inspection or within 15 days of commencement. Check your state's lien law for exact timing.

Does the Notice of Commencement need to be notarized?

Yes, in most states the owner's signature must be acknowledged by a notary public. The notarization confirms the owner's identity and voluntary execution, which is required for recording.

Self-help document generator: you get a structured draft based on the facts you provide. It is not legal, tax, or financial advice; verify jurisdiction-specific rules before sending.