Notice of Commencement: What Is It And Do I Need To Get It Notarized

notice-of-commencement-what-is-it

By Tiffany V.

Published on 11/04/2022

KEY TAKEAWAYS 

  • Notice of Commencement (NOC) establishes project start and end dates, identifying stakeholders
  • Protects property owners from mechanic's liens and keeps all parties informed
  • NOC requirements vary by state, with some mandating notarization for protection

 

 

Are you a property owner looking to sign a Notice Of Commencement Form for a construction project? 

Due to certain states’ requirements, you may want to sign and notarize a Notice Of Commencement Form. When a project doesn't receive a commencement notice, there may be some consequences or confusion during the start and end dates.

 

1. What Is A Notice Of Commencement? 

Notice of Commencement is a document that establishes the date on which a project is to begin and end. 

This document helps identify stakeholders, the property owner, lenders, and the general contractors that are involved in the said project – this also involves everyone stating their role in the project and full name. 

Upon being signed and notarized, the form will be posted on the job site and sent to everyone involved (this includes subtractors and material suppliers). 

 

2. How Does It Help The Property Owner? 

The Notice of Commencement Form helps protect the property owner or general contractor from any situation of “mechanic liens”. Property owners who do not know anyone working on a project could be blindsided by lien claims from unknown participants. 

As a result, the Notice of Commencement Form keeps everyone up-to-date on the timeline, the start date, and the end date of the project, as well as a list of all stakeholders.

 

3. Which States Require a NOC Form (Notice Of Commencement)?

There are only 11 states that process the NOC Notice of Commencement. Even though some states require NOC forms, others are not as strict and can be completely optional for the property owner. Depending on the state, the NOC may also be filled out for different reasons or under different conditions. 

Those states are: 

Required

  • Florida, Georgia, Ohio, Michigan
    • Must be signed and notarized to show basic information about the project and protect your lien rights
  • Iowa
    • Residential project within the state. Records the start of a project.
  • Utah
    • Must be signed and notarized to show basic information of ONLY publicly funded construction projects.

Optional

  • Louisiana
    • Only limited to the Louisiana Private Works Act (This allows any party involved who is unpaid to file a “statement of claim or privilege (lien) upon the property that was improved by their work or own materials).
  • Nebraska
    • For residential construction projects.
  • South Carolina, Texas
    • Shows basic information about the project to all parties involved, as well as protects lien rights.
  • South Dakota
    • Signing a Notice Of Furnishing is only required after the submission of a NOC form.

 

4. How To Fill Out A Notice Of Commencement Form

 

Step 1—Get Familiar With Your State Requirements for NOC 

It may be advisable to sign and notarize a Notice Of Commencement Form, regardless of whether the state requires it. As a result, you will be protected from mechanic's lien claims throughout the entire construction process.

 

Step 2—Accurately Fill Out The Notice Form 

  • What is the Property?
  • Scope of Work?
  • Time of Work?
  • Names and Contacts of construction lenders, general contractors, property owners, and party commissioning?

 

Step 3—Sign and Notarize Notice Of Commencement Form Online With NotaryLive

Filling out a Notice of Commencement form is made easy with NotaryLive. Using NotaryLive, your process to get your construction project started will be almost effortless. 

NotaryLive provides an online notarization process where you can remotely sign and notarize a document from the comfort of your home. 

To get started notarizing a document through NotaryLive, all you require is the document you are looking to get notarized, a device with camera/microphone capabilities that is connected to the internet, and either a valid driver’s license or passport. Once your identity is confirmed using state-of-the-art ID verification technology, you will be connected with a notary, live via webcam. 

After the session is complete, you can access the notarized document(s) through email confirmation or your customer dashboard to download them with ease. 

 

How NotaryLive works in 4 simple steps:

 

How NotaryLive Works

Click the button below to get started,

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FAQ For Notice Of Commencement

  • What is the meaning of a commencement letter? 
    • A commencement letter, or a Notice of Commencement, is a document that officially starts a construction project, detailing the start date and key participants like the owner and contractor. The document is typically filed with local authorities to prevent unexpected claims and ensure project transparency.
  • What are other names for notice of commencement?
    • Notice of commencement is also known as NOC. The term can vary by region and legal context.

 

 

**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.

 

 

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Updated Date: 12/03/2024


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