Background
Allpro Windows & Doors contracted with life tenant Sadie Moore to remove and replace ten windows at residential property. Sadie signed a blank notice of commencement without notarization; Allpro staff subsequently completed and notarized the document. During installation, Sadie claimed windows were incorrect, refused payment, and did not disclose that her mother Tonette Moore and others held ownership interests in the property.
Allpro filed a construction lien and suit for foreclosure. The trial court denied enforcement, finding the notice of commencement was defective because: (1) it failed to list all property owners; (2) Allpro became Sadie’s agent by completing the form after she signed in blank, shifting error risk to Allpro; and (3) work did not commence within ninety days of recording the notice.
The Court’s Holding
The Fourth District reversed in part, holding that a defective notice of commencement does not invalidate a properly recorded and served claim of lien. The court found that Allpro substantially complied with statutory foreclosure requirements as to Sadie, an owner in privity with the contractor. Critically, the defective notice affects only the lien’s priority date—not its validity—with the lien attaching to the date the claim of lien is recorded rather than the notice of commencement date.
The court also rejected the trial court’s 90-day commencement analysis, holding that Allpro commenced work within the statutory period by taking measurements for window sizes and ordering materials within ninety days. Preparatory work constitutes commencement under Florida law. The court affirmed dismissal of the lien only as to Tonette Moore, since Allpro failed to serve her with a notice to owner required by statute for non-contracting owners.
Key Takeaways
- A defective notice of commencement does not invalidate a construction lien if the claim of lien is properly recorded and served.
- Defective notice of commencement affects only the lien’s attachment date and priority, not the lien’s enforceability against parties in privity with the contractor.
- Commencement of work includes preparatory activities such as measurements and ordering materials, not just physical installation.
- Contractors must serve notice to owner on all property owners; failure to do so bars enforcement against non-contracting owners but does not invalidate the lien entirely.
Why It Matters
This decision clarifies that technical defects in a notice of commencement do not strip contractors of their lien rights. Contractors who substantially comply with foreclosure requirements retain enforceable liens against owners with whom they contracted, even if the notice of commencement contains errors or omissions. However, contractors must still identify and serve all property owners to enforce against their interests.
The ruling protects contractors from losing liens due to procedural defects while imposing an obligation to conduct adequate title research before recording liens. It resolves uncertainty about whether a defective notice invalidates the underlying lien or merely affects its priority, favoring the former approach.