What is a Notice of Commencement?

    A complete guide to tracking the most important document on your job site.

    The Project’s Legal Birth Certificate

    A Notice of Commencement (NOC) is a formal legal document filed by the property owner (or their authorized agent) before a construction project begins. It officially establishes the start date of the project and provides a consolidated, public list of all the key players involved.

    For a subcontractor or material supplier, the NOC is the most important document on the job site. It contains the exact legal information you need to send your preliminary notices, including the true legal name of the property owner, the GC, the surety (if there is a payment bond), and the exact legal description of the property.

    Why Subcontractors Must Hunt Down the NOC

    When you send a preliminary notice, you are legally required to notify the correct parties. How do you know who actually owns the property? It might be an LLC, a holding company, or a trust. You cannot just guess based on the sign out front.

    Strict Compliance: If a Notice of Commencement is filed, you are legally required to rely on the names and addresses listed on that specific document. If you look up the owner on a tax appraiser website, use that address, and it differs from the NOC, your preliminary notice can be ruled invalid.

    The NOC also protects owners. By filing it, the owner ensures that all subcontractors send their preliminary notices to one centralized address, preventing surprise mechanics liens from subs they did not know existed.

    How the NOC Affects Lien Priority

    In many states, the Notice of Commencement determines the 'priority' of mechanics liens. When an NOC is recorded, any subsequent mechanics liens filed on that project relate back to the date the NOC was filed.

    This means if a bank issues a construction loan and records their mortgage AFTER the NOC is filed, the contractors' mechanics liens take priority over the bank's mortgage. This is why lenders are fanatical about ensuring NOCs are filed correctly.

    Common Mistakes Regarding the NOC

    • Relying on Tax Records: Tax appraiser websites are often outdated. Always use the NOC for the legal property description and owner address.
    • Ignoring Expiration Dates: NOCs typically expire after one year unless specified otherwise. If a project drags on and the NOC expires, your lien rights could be compromised.
    • Failing to Request a Copy: In states like Florida, you have a legal right to request a copy of the NOC from the owner or GC. If you don't ask, you are flying blind.
    • Assuming Every State Uses Them: NOCs are highly critical in Florida, Georgia, Michigan, and Ohio. In states like California, they are rarely used in private construction.

    Missing NOC Information?

    Don’t let missing property owner information cause you to miss your deadline. Use our calculator to see exactly how much time you have left.

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    Frequently Asked Questions

    Is a Notice of Commencement required in every state?
    No. NOCs are strictly required in states like Florida, Georgia, Michigan, and Ohio. In other states, they are optional, only apply to certain project sizes, or are not used at all in private construction.
    Who is responsible for filing the NOC?
    The property owner or their authorized agent is strictly responsible for filing and recording the Notice of Commencement at the county recorder's office before any work begins or materials are delivered.
    Where do I find the Notice of Commencement?
    In many states, a physical copy must be posted at the job site (often in the permit box). You can also find it recorded at the county clerk/recorder's office, or attached to the master building permit.
    What happens if the owner never files an NOC?
    If an owner fails to record an NOC in a state that requires it, they expose themselves to massive liability. For subcontractors, you must usually fall back on the building permit or tax records, but the owner loses their protection against 'surprise' liens.
    How long is a Notice of Commencement valid?
    Typically, an NOC is valid for one year from the date of recording, unless the document explicitly states a different duration. Owners must file an amended NOC to extend it if the project lasts longer.
    Is a Notice of Commencement the same as a Notice of Furnishing?
    No. The owner files the Notice of Commencement at the beginning of the project. The subcontractor sends the Notice of Furnishing (or Preliminary Notice) to the owner to announce they are providing labor/materials.

    Don't lose your lien rights to a missed deadline.

    Every state has strict preliminary notice deadlines. Check yours before it's too late.