What is a Notice of Commencement in Construction?

March 20, 2024

A notice of commencement in construction is a legal document that informs the state, county, or local government that a project is about to start. It also starts the statute of limitations clock for mechanics liens and lawsuits, which is important to avoid expensive delays.

It is a requirement in many states that contractors and suppliers file a notice of commencement before starting work on a project. The purpose of this notification is to communicate key information about the project, including the owner and general contractor, the name of the subcontractor, and their address. It is a good idea to keep a copy of the filed notice of commencement on file at the job site for easy access and reference.

This is an essential document to help protect top-of-chain parties from unexpected liens during the course of a construction project. Lien regulations vary by state, and it is best to research the specific rules in your area.

A property owner or GC is typically responsible for filing a notice of commencement, but it can be anyone who has the legal authority to do so. It is best to have the completed form in advance of your firm’s start date, so you can be sure not to miss the deadline. If you are unsure of the specifics of your jurisdiction’s requirements, consult with an experienced attorney for guidance. It is worth the investment to be confident that you are following all required rules for your project and avoiding costly penalties.


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