What Is a Notice of Commencement and When Do You Need One

A Notice of Commencement is one of those documents that doesn't get much attention until something goes wrong — and when it goes wrong, it can unravel lien rights across an entire project. In states where it's required, the Notice of Commencement is the foundational document that kicks off the legal framework for a construction project. It tells the public record who owns the property, who the GC is, who the lender is, and when work started. Every subcontractor and supplier who needs to preserve their lien rights uses that document to figure out who to serve notice on and when their deadlines begin.

Understanding what a Notice of Commencement is, when you're required to file one, and what happens if you don't is essential for any GC operating in states where this document matters.

What Is a Notice of Commencement?

A Notice of Commencement is a recorded legal document that formally establishes the beginning of a construction project on a specific piece of property. It is filed in the public record — typically with the county recorder or clerk — and creates an official timestamp for when the project started.

The document typically identifies:

• The property owner's name and address
• A legal description of the property
• The general contractor's name and address
• The construction lender (if any) and their address
• The surety and bonding company (if applicable)
• The date construction is expected to begin
• The expiration date of the notice (usually one year from the date of recording)

Once filed, the Notice of Commencement is the reference point for the entire project's lien framework. Subcontractors and suppliers who need to serve preliminary notices — a prerequisite for preserving lien rights in most states — use the recorded Notice of Commencement to identify the property owner and confirm project details.

Which States Require a Notice of Commencement?

Not every state requires a Notice of Commencement, but the states that do take it seriously. The consequences for noncompliance range from loss of lien rights to personal liability for the property owner.

Florida

Florida has one of the most detailed Notice of Commencement requirements in the country. Under Florida law, a Notice of Commencement is required before any construction begins on most improvement projects above a certain threshold value. It must be recorded with the county, posted at the job site, and served on the construction lender (if any). Florida's Notice of Commencement directly affects the preliminary notice obligations of every sub and supplier on the project — and the lien rights of anyone who doesn't receive proper notice. See our full guide on Florida Lien Waiver Laws for how this fits into the broader Florida lien framework.

Note: verify current Florida statute requirements at leg.state.fl.us — when in doubt, consult a licensed construction attorney in Florida.

Georgia

Georgia requires a Notice of Commencement to be filed before a GC can enforce lien rights against lower-tier parties. Without a filed Notice of Commencement, the GC loses certain protections that would otherwise limit their exposure to sub and supplier lien claims. See our guide on Georgia Lien Waiver Requirements for the full picture.

Note: verify current Georgia statute requirements at lexisnexis.com/hottopics/gacode — when in doubt, consult a licensed construction attorney in Georgia.

Ohio, Michigan, and Others

Several other states have similar requirements under different names or with different thresholds. Michigan, for example, has its own commencement document requirements under the Michigan Construction Lien Act. If you operate across multiple states, verify the specific requirements in each state before breaking ground. Assuming your home state's rules apply everywhere is one of the most common — and expensive — mistakes a GC can make.

Why the Notice of Commencement Matters for Lien Rights

For the GC

Filing a Notice of Commencement in a state that requires one protects the GC by establishing a clear project start date. This affects how lien filing deadlines are calculated for everyone on the project — including subcontractors. It also puts the public on notice that a construction project is underway on that property, which can affect title searches and construction lending draws.

For Subcontractors and Suppliers

In states like Florida, the recorded Notice of Commencement is the document that triggers the preliminary notice clock for subs and suppliers. They are required to serve a Notice to Owner (or equivalent) within a specific number of days of first furnishing labor or materials — and that clock often runs from when the Notice of Commencement is recorded, not from when they started work. Missing this window means losing lien rights entirely.

For Property Owners

In states where it's required, the property owner is often responsible for ensuring the Notice of Commencement is filed — or they bear the legal consequences if it isn't. An owner who fails to file (or allows construction to begin without one) can face exposure to lien claims they have no way to anticipate or manage.

What Happens If No Notice of Commencement Is Filed?

The consequences depend on the state, but they're almost always bad for someone.

In Florida, if a Notice of Commencement isn't recorded before construction begins, the lien rights of lower-tier parties — subcontractors, suppliers, sub-subcontractors — may be affected in ways that create unpredictable exposure for the owner and GC. The project's lien timeline becomes unclear, preliminary notice deadlines become disputed, and the entire payment protection framework gets muddied.

In Georgia, a GC who doesn't file a Notice of Commencement loses specific protections against lower-tier lien claims that the filing would have provided.

More broadly: in any state where a Notice of Commencement is required, failing to file creates a gap in the project's legal documentation. That gap tends to surface at the worst possible time — during a payment dispute, at closing, or when a title company refuses to insure around an undocumented lien risk.

Notice of Commencement vs. Notice to Owner vs. Preliminary Notice

Understanding how these documents interact — and in what sequence — is fundamental to managing lien exposure across the full project lifecycle.

Notice of Commencement at Project Closeout

The Notice of Commencement has a defined expiration date — typically one year from recording. If a project runs longer than the original notice period, a new Notice of Commencement may need to be filed to keep the project's lien framework intact. Failing to renew an expired Notice of Commencement on a long-running project can create the same problems as never filing one in the first place.

At project closeout, the complement to the Notice of Commencement is the Notice of Completion — a document filed when the project is substantially complete that triggers shortened lien filing deadlines for subcontractors and suppliers. This is an important tool for owners and GCs who want to close out the project's lien exposure quickly rather than waiting for standard deadlines to run.

For a complete project closeout checklist including all the documents and lien waivers required at final payment, see our lien waiver checklist for project closeout.

This article is for informational purposes only and does not constitute legal advice. Notice of Commencement requirements vary significantly by state and can change. Always verify current requirements with official sources or consult a licensed construction attorney in your state before starting any construction project.

Frequently Asked Questions

Who is responsible for filing a Notice of Commencement?

It depends on the state. In Florida, the property owner is typically responsible for filing the Notice of Commencement — though in practice, the GC often handles it on the owner's behalf. In Georgia, it's typically the GC's responsibility. Always verify who bears responsibility under your state's statute and confirm it's handled before construction begins — not after.

Does a Notice of Commencement need to be posted at the job site?

In some states, yes. Florida, for example, requires the Notice of Commencement to be physically posted at the job site in addition to being recorded with the county. The posting requirement ensures that subcontractors and suppliers who show up at the project can find the document and identify the owner and GC details they need to serve their preliminary notices correctly.

What is the difference between a Notice of Commencement and a building permit?

A building permit is issued by the local municipality and authorizes construction to begin. A Notice of Commencement is a legal document recorded in the public record that establishes the project's lien framework. Both may be required before construction begins, but they serve entirely different purposes — one is a regulatory approval, the other is a legal protection mechanism. Having a building permit does not substitute for a Notice of Commencement in states where one is required.

How long is a Notice of Commencement valid?

Most states set a one-year expiration from the date of recording, though the specific term can be defined in the notice itself in some states. If the project isn't completed before the notice expires, a new Notice of Commencement must typically be filed to maintain the project's lien framework. Always check the expiration date on the original filing and calendar a renewal if the project timeline is running long.