Does a Notice of Commencement require notarization?

It depends on state and county rules; some jurisdictions require a notarized acknowledgment or specific notary language before recording. Check the county recorder and state statutes for the local requirement prior to submission.

Who may sign the notice?

An owner or an authorized agent may sign. If an agent signs for an entity, include proof of authority such as a corporate resolution or power of attorney to avoid later challenges.

Can a Notice of Commencement be submitted electronically?

Many counties accept electronically recorded PDFs and some permit RON-enabled notarization. Confirm the county recorder’s e-recording rules and ensure the chosen eSignature platform meets required authentication and audit-trail standards.

What happens if the notice has incorrect property info?

Incorrect legal descriptions or owner names can lead to rejection or misindexing at the recorder and may impair lien notice effectiveness; correct errors promptly and re-record if necessary.

When should subcontractors request a recorded copy?

Subcontractors should request or obtain a recorded copy immediately after filing so they can calculate preliminary-notice and lien filing deadlines based on the recorded effective date.

Are electronic signatures legally valid for Notices of Commencement?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; exceptions may apply—check state recording rules and whether the recorder accepts e-signed and electronically notarized documents.

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Notice of Commencement

Notice of Commencement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Notice of Commencement Is and when it’s used

A Notice of Commencement is a construction-related public record that identifies a project, owner, and contractor at or near the start of work. It alerts potential subcontractors and suppliers so they know where to file lien claims and when to deliver notices. Requirements and the effect on lien priority vary by state; recording or posting the notice often preserves or clarifies lien rights and establishes the project start date for deadlines and contract administration.

Why recording a Notice of Commencement matters

Recording or issuing a Notice of Commencement provides legal clarity about the project, clarifies contact and filing points for lien claimants, and can protect owner and contractor rights by defining priority and deadlines under state lien law and related statutes.

Who typically prepares or receives a Notice of Commencement

The Notice of Commencement is used by multiple parties in a construction project to manage lien rights, communication, and public notice.

Property owners or their authorized agents — to establish official project details and recording points.
General contractors and prime contractors — to confirm contract dates and notice recipients.
Subcontractors and material suppliers — to identify where to record claims and send preliminary notices.

Each party’s obligations and timing vary by state; confirm who must sign, whether notarization is required, and where to record before distributing the notice.

Core elements every professional Notice of Commencement should include

A well-prepared Notice of Commencement is concise but complete. Include identifiers that let third parties verify the project, who to contact, and the official start date so lien and notice timelines can be calculated reliably.

Project identification

Property address, legal description, parcel or assessor’s number so the public record unmistakably identifies the jobsite and parcel.

Owner details

Owner name, mailing address, and contact information; name must match title documents to avoid confusion.

Contractor information

General contractor or prime contractor name, license number if applicable, and a business address for service and notices.

Effective date

Date work is authorized to begin or the contract date; this date anchors many state lien deadlines.

Recording authority

Name of county recorder, clerk, or other office where the notice is filed and the recorded document number when available.

Signature block

Signature of the responsible party (owner or authorized agent) plus printed name, title, and date; notarization if required by jurisdiction.

Step-by-step: prepare and record a Notice of Commencement

Follow a consistent workflow to create, verify, sign, and file the notice to preserve rights and reduce processing delays.

01

Gather documents: Collect deed, parcel ID, owner authorization, and contractor info.
02

Complete form: Populate all fields, use MM/DD/YYYY for dates, and double-check names.
03

Sign and notarize: Have the authorized signer sign; notarize if state law or county requires.
04

Record and distribute: File with county recorder or clerk, then send copies to contractor and known suppliers.

Where to file and who to notify after recording

Filing location and distribution steps determine public notice effectiveness and who can rely on the recorded information.

File with recorder: Record the notice at the county recorder or clerk’s office where the property is located.
Send to general contractor: Provide a recorded copy to the general contractor for project records and subcontractor distribution.
Provide to lenders: Deliver copies to mortgagees or title agents if they request proof of commencement.
Share with suppliers: Supply recorded notice to major suppliers and known subcontractors so they can calculate notice and lien windows.

Typical digital workflow settings for online completion

Configure the digital workflow to capture identity, signature evidence, and distribution automatically when sending a Notice of Commencement.

Field	Configuration
Document Type	Set as 'Notice of Commencement' template with required fields
Signer Authentication	Email plus SMS code for owner; optional advanced verification
Notary Integration	Enable RON or in-person notary fields when jurisdictionally required
Auto-distribution	Send recorded PDF to designated recipients after filing

Digital signing and e-recording considerations

Use a platform that supports notarization capture, evidence-rich audit trails, and the file formats accepted by county recorders.

File formats: PDF/A or standard PDF accepted by most recorders
Authentication: Email + SMS or stronger methods for signer identity
Notarization: RON support or printable acknowledgement blocks if RON is not permitted

Confirm county recorder requirements before e-filing; where electronic recording isn’t supported, produce a certified paper copy with original signatures or a notary acknowledgment.

Real-world examples of digital workflows that handle Notices of Commencement

These short examples show how organizations use e-signature platforms to prepare and circulate recorded notices efficiently.

Tim Martin — Martin Properties

Tim Martin adapted online execution and recording for property-related documents to streamline closings and vendor coordination.

He processes documents on mobile or offline.
I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Brian Fitzgibbons — Optica Ventures LLC

Optica Ventures standardized a notice template to ensure consistent recording and distribution across projects.

The interface is simple and easy-to-use for staff and clients.
The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Essential validation and record elements to preserve enforceability

Signature evidence: Timestamp and signer identity

Notary record: Notary name, commission, and seal

Recorded copy: Filing receipt and document number

Audit trail: IP address and action log

File integrity: Tamper-evident PDF

Retention policy: Secure storage and access controls

Common mistakes that delay or invalidate a Notice of Commencement

Using an informal project description instead of a precise legal description leads to misindexing at the recorder and missed notice effects.
Mismatched or abbreviated owner names that do not match title records can cause the recorder to reject the filing or allow third parties to challenge the notice.
Failing to notarize or attach a required acknowledgment where the county mandates notarization can nullify the notice’s intended legal effect.
Distributing the notice before recording can mislead lien claimants about the official start date and filing location, creating timeline disputes.

Risks and consequences of improper or late Notices of Commencement

Loss of priority: May forfeit lien priority

Rejected filing: Recorder may return document

Delayed payments: Payment disputes or holdbacks

Increased legal cost: Attorney fees to correct errors

Title issues: Complications for sale or refinancing

Lien challenges: Increased risk of litigation

Timing considerations and typical deadlines

Key dates depend on state lien law and the effective date in the recorded notice; plan filings and distributions around those statutory windows.

Record before claims:

Record before or at the start of work where required

Effective date impact:

Date fixes many lien and notice deadlines

Distribution timing:

Send recorded copies to contractors promptly

State lien windows:

Statutory claim filing windows vary by state

Notary retention:

Retain notary records per state rules

Practical tips to complete Notices accurately and efficiently

Adopt repeatable checks to reduce rejections and disputes when preparing a Notice of Commencement.

Use official records

Copy owner and parcel data from county deed or assessor records to avoid mismatches and rejections.

Confirm signer authority

Verify that the signer is the record owner or has written authorization to sign on behalf of the owner.

Attach supporting docs

Include power of attorney or corporate resolution when an agent signs for an entity, to prevent later challenges.

Automate distribution

Record, obtain filing receipt, and distribute recorded PDF automatically to contractors, lenders, and title agents.

Pricing and feature comparison for eSignature options relevant to Notices of Commencement

Compare baseline pricing and key features for commonly used eSignature vendors. signNow is listed first per comparison ordering rules.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Notices of Commencement

Answers to common procedural and legal questions about preparing, signing, notarizing, and recording a Notice of Commencement.

Need help? Contact support

Does a Notice of Commencement require notarization?
It depends on state and county rules; some jurisdictions require a notarized acknowledgment or specific notary language before recording. Check the county recorder and state statutes for the local requirement prior to submission.
Who may sign the notice?
An owner or an authorized agent may sign. If an agent signs for an entity, include proof of authority such as a corporate resolution or power of attorney to avoid later challenges.
Can a Notice of Commencement be submitted electronically?
Many counties accept electronically recorded PDFs and some permit RON-enabled notarization. Confirm the county recorder’s e-recording rules and ensure the chosen eSignature platform meets required authentication and audit-trail standards.
What happens if the notice has incorrect property info?
Incorrect legal descriptions or owner names can lead to rejection or misindexing at the recorder and may impair lien notice effectiveness; correct errors promptly and re-record if necessary.
When should subcontractors request a recorded copy?
Subcontractors should request or obtain a recorded copy immediately after filing so they can calculate preliminary-notice and lien filing deadlines based on the recorded effective date.
Are electronic signatures legally valid for Notices of Commencement?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; exceptions may apply—check state recording rules and whether the recorder accepts e-signed and electronically notarized documents.

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