CHART SUMMARIZING PRELIMINARY NOTICE REQUIREMENTS FOR LIENS AND PAYMENT BONDS

In previous articles, I discussed preliminary notice requirements to properly preserve construction liens and payment bonds on private projects, payment bonds on public projects, and public payments bonds for Florida Department of Transportation (FDOT) projects.  Now, how about a chart that assists in summarizing this information:

 

QUESTION?CONSTRUCTION LIENPRIVATE PAYMENT BOND (FLA. STAT. 713.23)PUBLIC PAYMENT BOND (FLA. STAT. 255.05)FDOT PAYMENT BOND (FLA. STAT. 337.18)
QUESTION?CONSTRUCTION LIENPRIVATE PAYMENT BOND (FLA. STAT. 713.23)PUBLIC PAYMENT BOND (FLA. STAT. 255.05)FDOT PAYMENT BOND (FLA. STAT. 337.18)
Who needs to serve a preliminary notice?If not in privity of contract with the ownerIf not in privity of contract with the general contractorIf not in privity of contract with the general contractorIf not in privity of contract with the general contractor
What type of preliminary notice do I need to serve?Notice to OwnerNotice of Intent to Look to BondNotice of Intent to Look to BondNotice of Intent to Look to Bond
What is the time frame to serve the preliminary notice?Within 45 days of initial furnishingWithin 45 days of initial furnishingWithin 45 days of initial furnishingWithin 90 days of initial furnishing
Who should I serve the preliminary notice on?Owner, general contractor, lienor's customer's customer, and persons identified in the Notice of CommencementGeneral contractorGeneral ContractorGeneral Contractor

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.