NTO Management, Inc.

ECF Meeting

2012-02-08T08:27:00.000-08:00

Recently, NTO Management was invited to the Electrical Council of Florida (ECF) Ridge Chapter's monthly meeting in Lakeland, Florida to talk about the Notice to Owner process. All that attended had several questions concerning receiving payment in exhange for a lien release. We stressed how important it is to only give a release when you are first paid. Even a faxed release is considered the same as an original.

We agreed, that in today's market you can never be too cautious about serving a Notice to Owner on all your projects and that it should be as immediate and as automatic as invoicing.

One person in particular said that serving notices has become a routine practice in his office after his company had lost $33,000 on a job that he had not done a "Notice to Owner" on.

It was clear to everyone that to become a successful business in the construction industry you must educate and surround yourself with other professionals that can take an active part in working alongside your company. This is one reason why the ECF exists. It brings professionals in the electrical industry together, keeping them informed of new laws and offering educational classes for license renewals.

In fact, the ECF has upcoming classes offering Continuing Education Credits that are FREE for members, or for a small charge for nonmembers. Anyone interested should contact Wes Colley, Consultant for ECF by email at wcolley@tampabay.rr.com.

Finally, I want to thank Billy Townsend with GenPower Services, LLC, for inviting us to speak at the meeting and for giving us the opportunity to meet a few of the hard working people in the electrical construction industry.

Happy Holidays from NTO Management

2011-12-08T08:29:00.000-08:00

All of us here at NTO Management want to wish our customers a very merry Christmas and safe holiday season. We want to take the opportunity to let you know how much we appreciate your business and that we look forward to serving you throughout 2012!

No Notice to Owner? No Lien Rights

2011-10-11T08:19:00.000-07:00

How unfortunate. What I am about to tell you is a true story.

A General Contractor (GC) is awarded a contract with the owner after submitting the lowest bid. Subcontractors also do the same. In today's economic times in order for the GC to win the project they must rely on the subcontractor's bid which may either not cover or overlook some cost involved on such a large job. Near the end of the job, subs find themselves upside down and cannot pay their subs and suppliers.

It is at this point in time the GC must make a decision to pay these subs and suppliers with the retainage money that was withheld from their subcontractor. If there is not enough in retainage to pay everyone then the question from the GC is: "Who served a Notice to Owner?" The GC knows that the subs and suppliers that did not serve a Notice to Owner have no Lien Rights. So when it comes time to distribute the retainage, those subs with lien rights will be paid before those without.

Don't believe that this will never happen to you no matter what your business relationship is with the GC or Subcontractor. Always serve Notice to Owner!

Lien Law Seminar - Fort Myers

2011-09-14T08:31:00.000-07:00

On Monday, September 26^th NTO Management will be hosting not ONE but TWO seminars in Fort Myers, Florida. Both classes will be held at the Holiday Inn Express & Suites Fort Myers – The Forum and will be presented by Andrea M. Fair, Esq of Fair Law Group, PLLC.

If you want to learn what the difference is between Notice of Commencement and Notice to Owner or you need to know why, when and where to serve a Notice to Owner or file a Lien, then you definitely need to attend our morning seminar “Florida Lien Law – Basics.” Learn more about Payment and Performance Bonds and what steps to take when you're not getting paid. This 2-hour class will start at 9:00am and the cost is only $30.00.

Our second seminar begins at 1:30 and will cover discussion of Contract documents and terms and dispute resolution methods such as, lien foreclosures, lawsuits and other remedies. Attendees will receive three (3) General hours of Continuing Education Credits and the cost is only 75.00.

However, it is well worth your while to take both classes for only $90.00 and empower yourself with the knowledge on how to make sure you are paid for the work you do. Be sure to register at http://www.ntomanagement.com/seminar.pdf

Professionalism - Education - Experience

2011-07-14T06:21:00.000-07:00

Hi, I am Shirley Spencer ….I thought you might enjoy knowing a little bit more about the people that are behind the website.

I am the President of NTO Management. I graduated from the University of South Florida majoring in accounting and hold a Bachelors Degree in Business Administration.

For over 11 years I was employed by Case Contracting Company, a General Contractor that builds Big Box Retail Stores, Baseball Spring Training Centers and Condominiums. My duties there included accounting, handling contracts, purchase orders, change orders, payment applications, and most importantly management of the notice to owners and lien releases.

R. Jason Cronk, Esq. is our Director and Chief Technology Officer. Jason graduated from the University of Rochester with a BA in Mathematics and a Certificate in Information Systems Management. He went on to Law School at Florida State University and graduated Juris Doctor, cum laude.and we're proud to say that Jason is now a licensed attorney in the state of Florida. While he practices in the areas of corporate privacy, First Amendment and public records laws, Jason is still very much active with NTO Management, Inc. He maintains an office with NTO Management, Inc. and is helping guide the redesign effort to modernize our internet presence. While he maintains his own blog at http://blog.privacymaverick.com, Jason can sometimes be found posting right here on the NTO Blog. And, of course, you'll find Jason attending some of the events than NTO Management, Inc. sponsors or attends.

Jaxon Spencer is our General Office Manager and handles everything from research to accounting, and website management. He is currently active in web development, and, alongside Jason, is responsible for the development of our upcoming website (details later). Before joining NTO Management, Jaxon was in the commercial construction field assisting the General Contractor in the supervision of the subcontractors on the jobsite.

Donna Breting is another researcher assisting customers to ensure all the proper information is acquired to process their Notice to Owners. Donna has been with the company for over 5 years and has attended several seminars covering Construction Lien Law and the Notice to Owner process. Besides NTO Management, Donna is also a Jazzercise instructor and has been teaching classes in Zephryhills and Plant City, Florida for over 25 years.

NTO Management…our motto: Professionalism/Education/Experience. The NTO Team proudly stands behind those words.

Notice to Owner – Critical Dates

2011-06-23T07:03:00.000-07:00

What jobs should you do a Notice to Owner on? As someone once asked, “What jobs would you like to get paid on?”

The Notice to Owner (NTO) might be considered a small insurance policy that helps protect you when it comes to getting paid. In order for the NTO to protect you, however, you must abide by the Florida Statutes and the time limitations. Again, don't procrastinate!

An NTO can be served to the owner before or within 45 days from your first furnishing date and before the General Contractor has given a Final Payment Affidavit to the Owner in exchange for final payment.

First furnishing is the first day you delivered materials, labor or service to the physical jobsite. If you custom fabricated some materials for the job, then it is your first day of fabrication.

The word serving is used to mean the Owner has received the NTO. If you have a service process your Notice to Owner, and they maintain Certified Mail Logs (like we do here at NTO Management) then the NTO must be mailed out by the 40^th day of your first furnishing date.

Remember, this is just the beginning to the Notice to Owner process. Please refer to our Critical Dates Page so you can continue to protect your lien rights.

Seminar Update

2011-05-24T08:34:00.000-07:00

Last Friday, May 20th, NTO Management hosted a successful seminar in Tampa on the subject of Florida construction lien law, contracts, and litigation. This seminar, presented by Board Certified Construction Attorney Andrea M. Fair, proved to be an informative event for all involved.

The seminar was held as a round table event allowing participants many opportunities to ask questions and have conversation with Andrea as she covered topics such as contract language and risk management. Andrea also touched on the subject of liens, litigation and the purpose behind many of the common construction forms such as the Notice of Commencement, Notice to Owner and Claim of Lien.

Somehow, 4 hours did not seem long enough to cover all that could be encountered during the construction process and we ended up extending our discussion an additional hour to cover everyone’s questions and concerns.

If you did not have a chance to sign up for the class in Tampa, don’t worry as we have many more planned around the state and will keep you posted on upcoming events.

Meet Us in Orlando!

2011-05-04T08:37:00.000-07:00

The Bluebook General Contractor's Showcase will be held on Thursday, May 5 in Orlando. The showcase is a free networking event designed to bring contractors and suppliers together with companies that need their services.

Shirley Spencer, President of NTO Management, will be at the event from 3:30p to 6:00p, and passing out coupons for $10 off your next Notice to Owner order. Stop by and meet us! We'd love to see you there.

Event information:
Bluebook General Contractor's Showcase

May 5th, 2011
3:30pm - 6:00pm

Rosen Plaza Hotel
9700 International Drive
Orlando, FL 32819

No admission cost

Tampa Seminar

2011-05-02T11:04:00.000-07:00

On Friday morning, May 20, 2011, NTO Management will host a Lien Law Seminar in Tampa titled "Introduction to Florida Construction Law: Contracts, Lien Law & Litigation."

Presented by Andrea Fair, Esq., this seminar will provide three hours of Continuing Education Credits, and will cover discussion of contract terms, basic construction lien law procedures and documents, and dispute resolution methods including construction lien law foreclosures, lawsuits, and other remedies. Those who attend will learn about required construction contract provisions, how to better manage your risk, when you should serve a Notice to Owner, Contractor's Final Payment Affidavit and other important lien documents, how to enforce your liens and other legal remedies, and alternative dispute resolution methods.

If you are interested in attending, please fill out the registration form and get it back to us. We hope to see you there!

Lien Law Book

2011-04-06T07:36:00.000-07:00

NTO Management is pleased to announce that Steven M. Siegfried and Nicholas D. Siegfried of the law firm Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. have recently published the Tenth Edition of their book,"The Florida Construction Lien Law, an Overview." This book, first published in 1986, contains a comprehensive overview of Florida's construction lien law, a copy of the Florida lien statute, and a complete collection of forms necessary to comply with the law. This important information resource is available for $90.00, NTO Management customers can receive it at a discounted price of $50. Please call 813-752-9444 to place your order.

Don't Procrastinate!

2011-03-23T09:09:00.000-07:00

Serving a Notice to Owner is one of the most effective business tools you have to protect yourself when it comes to getting paid. The Florida Statutes were written to protect not only the subcontractors and suppliers, like you, but also the owner as well.

The NTO informs the owner that you are supplying materials, labor or services to his property. It cautions the owner that he may end up paying twice if he doesn’t make sure you get paid before they make payment to his contractor

Be aware that the owner must receive the NTO within 45 days from the first day you were on the job. If you use a notice service like NTO Management, Inc. who maintains USPS Certified Mail Logs, then your NTO needs to be mailed by the 40th day.

Many subcontractors and suppliers put off serving notices because they do not want to upset or complicate things for the contractor. However, by doing so, they may risk losing their lien rights. Regardless of the 45-day deadline, all notices must be served before the owner makes his final payment after receiving the Contractor’s Final Payment Affidavit.

It’s therefore in your best interest to serve your notices early. A small porch or bathroom addition may take only a few weeks to finish, or your company may have been asked to work on the job that is nearly complete. In cases like these, you may not have the full 45 days to serve the NTO. Failure to send your notice early may cause you to lose your lien rights.

Serving a Notice to Owner is a professional business practice that successful companies use to protect themselves, so Don't Procrastinate!

The Good Ole Days

2011-03-16T09:31:00.000-07:00

Whatever happened to the good ole days when commitment to get the job done was handled with a handshake instead of a contract and you could trust that you would be paid when the work was complete?

With so much that can and will go wrong during a construction project, it's now necessary to make sure that you first serve a Notice to Owner for each of your jobs. However, if you did your Notice to Owner and you are still having trouble getting paid, it's time to contact an attorney. Attorneys who are board certified in Construction Law are best qualified to answer questions like:

Should I sign the Release of Lien even if I have not been paid?

Should I file a Claim of Lien or send a Notice of Non Payment?

How many days do I have to file a lien and where do I record it?

Who needs to be sent copies of the Claim of Lien and when?

What if the owner accelerates my date to File a Suit?

Lawyers certified in construction law have been evaluated by The Florida Bar as having the highest level of competency and experience in the field. NTO Management makes it simple to find a Board Certified Construction Attorney. Go to our links page at http://www.ntomanagement.com/dsp_links.cfm#legal to contact an attorney near you.

Upcoming Seminars

2011-03-08T06:36:00.000-08:00

Are you a contractor looking to meet your Continuing Education Credit requirement? Would you be interested in learning more about Florida's construction lien laws?

In 2011, NTO Management is planning on hosting a series of courses throughout the state on the topic of Florida construction law. These courses will provide two to three hours of Continuing Education Credits toward the subject of Laws and Rules, and will be taught by an attorney who is Board Certified in construction law. The topics covered will include contracts, lien law, payment bonds, and litigation.

If you are interested in attending or learning more, please fill out our Seminar Interest Form. We will then contact you once registration begins.

Florida Senate Bill 964

2011-02-18T07:53:00.000-08:00

Last week, Florida Senator Stephen Wise introduced Senate Bill 964, which is an act relating to construction liens and bonds. At this point, the bill is not yet law. However, if it were to be enacted, it would become law on October 1, 2011. Some of the changes introduced in the bill are as follows:

Before beginning work, contractors must provide to the owner a General Statement of Owner's Rights and Responsibilities, to be signed by the owner and submitted with the building permit application.
Contractors are required to submit a copy of the performance and payment bonds to the permit issuing authority.
The permit issuing authority may not inspect the work until it has a signed copy of the General Statement of Owner's Rights and Responsibilities, a recorded copy of the Notice of Commencement, and a recorded copy of the Payment Bond if applicable.
There will be new statutory forms for the Notice To Contractor and Notice of Nonpayment.

We at NTO Management will be sure to keep you updated on the status of this legislation.

Got A Question?

2011-02-11T08:19:00.000-08:00

Got a question about the Notice to Owner process? NTOMan wants to know what you're thinking. Post a question or thought by going to this link. http://www.ntomanagement.com//index.cfm?action=blog

Our mission is to help educate and protect subcontractors and suppliers and provide the tools and resources necessary when it comes to getting paid.

2011 is here!

2011-01-31T12:27:00.000-08:00

2011 is here!

It's an exciting year for everyone involved in construction! NTOMan is here on the scene to bring everyone the newest information about protecting their lien rights in Florida. Protect yourself now by going to www.ntomanagement.com and ordering a Notice to Owner from NTO Management, Inc. for your construction job. Remember, you only have 45 days from your first furnishing of labor, services or materials to serve the Notice to Owner on the owner. Don't delay or you may jeopardize your lien rights!