What is a Notice of Commencement?

A recorded document that announces the start of construction and identifies owner, contractor, lender, and property. It helps define who may file lien notices and serves as the reference instrument for claim timelines.

Can a Notice of Commencement be signed electronically?

Yes, where state law permits e-signatures and ESIGN/UETA apply. Electronic signatures that meet intent, consent, attribution, and retention tests are acceptable; notarization requirements must also be satisfied if the state requires an acknowledgment.

Do I need a notary or RON?

Some states require notarization for recording; others do not. If notarization is required, use an in-person notary or an approved Remote Online Notarization process if the state permits RON.

How do I correct an error after recording?

Submit an amended or corrected Notice of Commencement per county recorder instructions. In many cases you will record a correction instrument referencing the original filing; consult county rules or legal counsel for the formal procedure.

Who must sign the Notice of Commencement?

The owner or the owner’s authorized agent typically signs. If another party signs on behalf of the owner, include documentation showing authority to sign and, if required, a power of attorney or corporate resolution.

What if a supplier didn’t receive the notice?

Document distribution and maintain proof of delivery. Suppliers who did not receive a copy should request a recorded copy from the county recorder; late distribution can affect their lien notice strategies.

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Notice of Commencement

Notice of Commencement

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

A Notice of Commencement is a recorded document that identifies the start of a construction project, names the owner, contractor, and lender (if any), and provides the legal description and recording details required by local recording offices. In many U.S. jurisdictions it clarifies lien rights, informs suppliers and subcontractors where to send notices, and establishes the reference instrument for any future mechanic’s liens or bond claims. The form is commonly used on commercial and residential projects to improve transparency among project parties and to begin the formal notice and lien timeline.

Why a Notice of Commencement matters for projects

Recording a Notice of Commencement protects property owners and contractors by establishing a public project record, clarifying who may file lien notices, and often shortening or defining the period for lien claims. It reduces disputes and helps lenders and suppliers verify project scope and title status.

Primary parties who complete or rely on the Notice of Commencement

Typical users include owners, general contractors, and lenders who need a clear public record at project start.

Project Owner — Records owner name, mailing address, and property legal description to place the project on public record.
General Contractor — Confirms contractor identity, contact information, and serves as a routing point for subcontractor notices.
Lenders and Title Agents — Use the recorded notice to verify encumbrances and to manage lien holdback or bond processes.

These roles vary by project size and state law; public agencies, specialty subcontractors, and suppliers may also rely on the recorded Notice of Commencement when protecting payment rights.

Core elements included in a professional Notice of Commencement

A well-prepared Notice of Commencement contains factual, verifiable items that filing offices and claimants expect to find. Each element reduces ambiguity and supports enforceability.

Owner Information

Full legal name, business entity type, and contact details for the property owner or authorized agent; critical for attribution and service of notices.

Contractor Details

Name and contact information for the general contractor or construction manager responsible for the project and coordination with subcontractors.

Lender or Bonding Party

Name and address of any lender or surety; including this supports lender protections and bond claim tracking during and after completion.

Job Description

Concise description of work to be performed and project address; helps suppliers determine whether deliveries are for this project.

Legal Description

Lot, block, subdivision, or metes-and-bounds description used by the county recorder; precise legal description is essential for recording accuracy.

Recording Details

County recorder name, instrument number (when available), and recording date or book/page entry for future reference and verification.

Required data fields commonly found on the form

Owner Name: Full legal name

Job Location: Full street address

Legal Description: Lot/block or metes-and-bounds

Contractor Name: General contractor or agent

Lender Name: If a lender exists

Recording County: County recorder jurisdiction

Step-by-step: fill, execute, and record a Notice of Commencement

Follow this sequence to reduce filing errors and preserve parties’ notice and lien rights.

01

Prepare Form: Gather title, owner, contractor, and lender information.
02

Complete Fields: Enter names, legal description, and effective date.
03

Authenticate: Sign and notarize per local requirement or use RON if allowed.
04

Record & Distribute: Record with county recorder and share copies with stakeholders.

Configure a digital workflow for online completion and recording

When using an eSignature or document platform, configure fields, signer order, and storage to match recording and compliance needs.

Field	Configuration
Authentication Method	Email link + optional SMS code
Signing Order	Owner → Contractor → Notary
Notarization	In-person or RON (if state permits)
Storage Format	PDF/A with audit trail

Where to record and who should receive copies

Recording location and distribution depend on local practice; plan routing before signing to ensure timely notice.

County Recorder: Record the original Notice of Commencement in the county where the property is located.
General Contractor: Provide a copy to the contractor for job-site posting and supplier coordination.
Lender / Surety: Send copy to lenders or bond providers listed on the notice.
Major Subcontractors: Distribute to major subs and material suppliers for lien notice planning.

Digital signing, formats, and integration considerations

Ensure the platform you choose supports the file formats and signing methods required for recording and notarization.

Supported Formats: PDF and PDF/A for recording
Integration Options: Connectors for Salesforce, NetSuite, Box, and Procore
Authentication: Email, SMS, KBA, or advanced signer verification

Store the recorded PDF and its audit trail in your project repository and provide archived copies to title companies and lenders as required by your contracts.

Timing to consider when issuing a Notice of Commencement

Key timing decisions affect lien notice windows and the ability of suppliers to preserve claim rights; act early in the project lifecycle.

Before First Delivery:

Record before suppliers deliver materials when possible.

Start of Work:

Record at or immediately after work begins on site.

Contract Execution:

Some parties record at contract signing to memorialize agreement date.

Bond and Lien Deadlines:

Recording may affect claim deadlines and bond notice timing.

Local Recorder Processing:

Allow additional days for county acceptance and indexing.

Project milestone timeline tied to the Notice of Commencement

A simple four-step milestone view clarifies when the notice triggers downstream actions.

01

Record Notice

File with county recorder to establish the public project record.

02

Distribute Copies

Provide copies to contractor, lender, and major suppliers.

03

Monitor Claim Windows

Track lien notice and bond claim deadlines tied to the effective date.

04

Close-out Updates

File a completion or termination notice when the project finishes if required.

Common mistakes to avoid when preparing the Notice of Commencement

Using an imprecise legal description — partial or incorrect descriptions can prevent proper indexing and may frustrate subsequent title searches.
Providing inconsistent party names — mismatched owner or contractor names across documents can delay recording and complicate lien resolution.
Skipping notarization where required — failing to notarize or use an approved RON method leads to rejection by the recorder.
Not distributing recorded copies — suppliers and subcontractors who do not receive copies may miss critical notice deadlines.

Risks if the Notice of Commencement is incorrect or missing

Lost Lien Rights: Potentially forfeits supplier or subcontractor lien protections

Payment Delays: Project payments and progress draws may be withheld

Recording Rejection: County may refuse improper or unsigned filings

Increased Litigation: Errors can lead to contested lien or bond claims

Title Complications: Inaccurate filings cause title disputes and additional searches

Bond Claim Complexity: Incorrect notices complicate surety claim procedures

Practical scenarios: how notices are used on projects

Two brief examples show typical uses of a recorded Notice of Commencement on small and large projects.

Residential Remodel

A homeowner records a Notice of Commencement before subcontractors begin work to clarify payment schedules and claimant timelines.

Subcontractors use the recorded notice to decide whether to deliver materials on credit.
The recorded instrument reduced confusion at closeout and helped the homeowner resolve a disputed invoice without lien litigation.

Large Commercial Build

An owner and lender record a Notice of Commencement at mobilization to protect lender interests and set notice windows for suppliers.

The general contractor posts copies on site and provides digital copies to major subs.
Having a recorded notice streamlined bond claim handling and prevented overlapping vendor claims during the warranty period.

Practical tips for accurate and efficient completion

Follow these practices to reduce recording mistakes, speed processing, and preserve legal protections.

Verify legal descriptions and names

Confirm the owner name and legal description against the deed or title report. Small discrepancies in names or parcel descriptions are frequent causes of rejection or misindexing and can create title issues later.

Obtain required authentication before recording

Determine whether your county requires notarization or accepts Remote Online Notarization (RON). Complete notarization or RON prior to submission to avoid processing delays or rejections.

Record early and distribute copies

Record the Notice of Commencement as soon as work begins and promptly send recorded copies to contractors, lenders, and major suppliers so that notice and lien timelines are clear from project start.

Keep an audited digital record

Store the recorded PDF, signature audit trail, notarization evidence, and distribution log together. Maintain these records for the full retention period to support any future disputes or title inquiries.

Comparing eSignature vendor features relevant to Notice of Commencement workflows

Platform choice affects authentication, notarization workflows, bulk distribution, and HIPAA/enterprise compliance. The table compares common plan attributes across several vendors with signNow listed first.

	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 trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (premium tier)	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 questions about execution, recording, electronic signatures, notarization, and how to correct mistakes.

Need help? Contact support

What is a Notice of Commencement?
A recorded document that announces the start of construction and identifies owner, contractor, lender, and property. It helps define who may file lien notices and serves as the reference instrument for claim timelines.
Can a Notice of Commencement be signed electronically?
Yes, where state law permits e-signatures and ESIGN/UETA apply. Electronic signatures that meet intent, consent, attribution, and retention tests are acceptable; notarization requirements must also be satisfied if the state requires an acknowledgment.
Do I need a notary or RON?
Some states require notarization for recording; others do not. If notarization is required, use an in-person notary or an approved Remote Online Notarization process if the state permits RON.
How do I correct an error after recording?
Submit an amended or corrected Notice of Commencement per county recorder instructions. In many cases you will record a correction instrument referencing the original filing; consult county rules or legal counsel for the formal procedure.
Who must sign the Notice of Commencement?
The owner or the owner’s authorized agent typically signs. If another party signs on behalf of the owner, include documentation showing authority to sign and, if required, a power of attorney or corporate resolution.
What if a supplier didn’t receive the notice?
Document distribution and maintain proof of delivery. Suppliers who did not receive a copy should request a recorded copy from the county recorder; late distribution can affect their lien notice strategies.

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