Can a Notice be e-signed?

Yes in most cases. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.

Is notarization required?

Notarization requirements depend on state and county practice. Some recorders require an acknowledgment; where allowed, Remote Online Notarization (RON) may be used subject to state rules.

What if the recorder rejects it?

If rejected, review the recorder's defect notice, correct the identified errors (e.g., signatures or property description), and refile promptly to preserve statutory timelines.

How to correct errors

Minor errors often require an amended notice or re-recording with an explanatory affidavit; consult local recorder procedures and consider legal counsel for substantive changes.

How to revoke or cancel

Record a termination or cancellation form if permitted locally. Revocation may not affect rights already vested under state lien statutes; record promptly and notify stakeholders.

What about RON records

If RON is used, retain identity-proofing logs and audio-video records per state rules; those records may be subject to retention and disclosure requirements.

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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 matters

A Notice of Commencement is a recorded document used primarily in construction to identify the property, owner, contractor, lender, and scope of a specific improvement project. It alerts subcontractors and suppliers that a project has begun and establishes filing dates used in mechanics' lien statutes and priority disputes. Recording requirements and form content are set by state lien law and county recorder practices; parties relying on the Notice should confirm local format and recording steps before construction begins.

Why recording a clear Notice of Commencement matters

A properly prepared Notice of Commencement protects owner and claimant interests by fixing the official project start, clarifying responsible parties, and enabling timely lien notice rules. It reduces disputes over job scope, establishes priority for lenders, and supports prompt payment processes under state mechanics' lien statutes.

Who typically prepares and receives a Notice of Commencement

Distribute the recorded Notice to subcontractors, suppliers, title companies, and the lender to ensure all parties have the same project baseline and filing dates.

Property owners and developers who start a construction or improvement project and need to establish formal notice.
General contractors and construction managers who must confirm project parties and provide subcontractors with required filing information.
Lenders and mortgagees that require recorded notice to protect security interests and establish lien priority.

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

Follow these sequential steps to prepare, authenticate, and circulate a Notice of Commencement before or at project start.

01

Collect documents: Gather deed, loan info, contractor license, and property legal description.
02

Complete form: Fill each required field precisely and use MM/DD/YYYY for dates.
03

Authenticate signature: Obtain owner signature and notarization or RON per state rules.
04

Record and distribute: File with county recorder and deliver copies to contractor, lender, and suppliers.

Where to file, who to notify, and common routing steps

A Notice of Commencement must be recorded in the county where the property is located and then shared with parties who need official project details.

County recorder: Record the completed, signed notice in the property's county recorder office.
General contractor: Provide a copy so subcontractors can identify project details and filing dates.
Lender or mortgagee: Send recorded copy to lenders to preserve priority and lien notice rights.
Subcontractors and suppliers: Deliver copies so claimants know how to comply with state notice requirements.

Configuring a digital workflow for Notices of Commencement

When preparing Notices online, configure fields, authentication, routing, and storage to match legal and recorder requirements.

Field	Configuration
Project information	Pre-fill from permit or assessor data to avoid transcription errors
Authentication	Require signer identity via email + SMS or stronger methods
Notifications	Auto-send recorded PDF to contractor, lender, and suppliers
Storage	Archive signed notice and audit trail in secure cloud storage

Digital signing and technical considerations

Ensure the chosen workflow preserves signer attribution, timestamping, and a tamper-evident PDF suitable for county recording and stakeholder distribution.

Integrations: Procore, Salesforce, NetSuite supported
File formats: PDF, DOCX supported
Security: AES-256 at rest

eSignature vendor comparison for preparing Notices of Commencement

Basic vendor differences matter for volume, HIPAA, and envelope limits; signNow is listed first for direct comparison with common alternatives.

	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

Common mistakes to avoid when preparing a Notice of Commencement

Using an incorrect or informal property description that prevents the county from properly indexing the record.
Entering the owner or lender name differently than on title or loan documents, which can invalidate priority protections.
Failing to obtain required notarization or using an invalid remote notary process under local law.
Distributing the notice late or not recording it before subcontractors lose statutory rights to preliminary notices.

Consequences of an incorrect or missing Notice of Commencement

Loss of priority: Lien rights impaired

Claim disputes: Heightened litigation risk

Payment delays: Contractor payment issues

Recorder rejection: Filing rejected

Statute conflicts: Noncompliance with state law

Fraud exposure: Incorrect attribution

Key timing considerations and deadlines for Notices of Commencement

Timing affects who must provide preliminary notices and when lien periods begin; confirm statutory deadlines in the applicable state statute.

Record before work:

Record the notice before significant work to establish the project start date.

Preliminary notice window:

Certain states require suppliers to receive preliminary notice within set days after recording.

Lien statute timing:

Lien filing deadlines run from the project completion or recording date per state law.

RON retention period:

If RON used, audio-video records must be retained per state mandates.

Update deadlines:

Amendments or termination notices should be recorded promptly to avoid confusion.

Essential elements of a professional Notice of Commencement

A complete Notice of Commencement contains a concise set of items that recording offices and claimants expect; include each element precisely to reduce disputes.

Property ID

Full legal description or parcel/assessor number to ensure the recorder links the notice to the correct property and title records.

Owner details

Full legal name and address of the owner or authorized agent who is responsible for project initiation and any necessary acknowledgements.

Contractor details

Name, license number if applicable, and address of the general contractor so subcontractors can identify the party responsible for execution.

Lender information

Mortgagee or lender name and contact information that helps establish priority and supports lender lien protections.

Effective date

Project start date entered in MM/DD/YYYY format; this date often triggers statutory notice and lien timelines.

Notary block

Signature, printed name, date, and notary acknowledgment or remote notary compliance statement if required by local rules.

Real-world examples showing how Notices of Commencement are used

These case summaries show common scenarios where a Notice of Commencement clarified parties, improved filing accuracy, and supported payment processes.

Martin Properties — construction

A regional developer recorded a Notice of Commencement before site mobilization to fix start date and lender contact.

This ensured subcontractors received consistent preliminary notices and reduced payment holdbacks.
Tim Martin, founder of Martin Properties, reported streamlined online processing and reliable compliance when recorded notices were shared promptly with all parties.

BIS — large renovation

A construction manager used a recorded notice to align contractor and lender timelines on a multi-phase renovation.

The notice clarified which mortgage to reference for priority and lien enforcement.
Dan Rotelli, CEO of BIS, described improved confidence in lien priority when project notices were recorded and distributed to stakeholders.

FAQs and troubleshooting for common Notice of Commencement issues

Answers to frequent questions about e-signatures, notarization, recording, corrections, and revocation to help resolve common problems quickly.

Need help? Contact support

Can a Notice be e-signed?
Yes in most cases. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met.
Is notarization required?
Notarization requirements depend on state and county practice. Some recorders require an acknowledgment; where allowed, Remote Online Notarization (RON) may be used subject to state rules.
What if the recorder rejects it?
If rejected, review the recorder's defect notice, correct the identified errors (e.g., signatures or property description), and refile promptly to preserve statutory timelines.
How to correct errors
Minor errors often require an amended notice or re-recording with an explanatory affidavit; consult local recorder procedures and consider legal counsel for substantive changes.
How to revoke or cancel
Record a termination or cancellation form if permitted locally. Revocation may not affect rights already vested under state lien statutes; record promptly and notify stakeholders.
What about RON records
If RON is used, retain identity-proofing logs and audio-video records per state rules; those records may be subject to retention and disclosure requirements.

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