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Notice of Commencement

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Notice of Commencement

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

A Notice of Commencement is a formal document used in many U.S. construction and real estate projects to identify the owner, contractor, job site, and filing location before work begins. It establishes the official start for lien and notice timelines, notifies potential lien claimants about the project, and often must be recorded with the county clerk or building department and posted on-site.

Why a Notice of Commencement matters in construction

Filing a Notice of Commencement protects owners and contractors by clarifying parties, limiting lien exposure, and triggering statutory notice and deadline rules under state lien statutes. It supports transparency for lenders and suppliers and helps enforce contract notice provisions while preserving statutory defenses.

Why a Notice of Commencement matters in construction

Who commonly creates and receives a Notice of Commencement

The Notice of Commencement is completed and published by project owners or the owner’s authorized agent, and it is relevant to general contractors, subcontractors, suppliers, and lenders.

  • Project owners and developers who control the permit and funding and may limit lien exposure.
  • General contractors who need the recorded start date and owner contact information for claims and billing.
  • Subcontractors and material suppliers who check the notice to preserve lien rights and confirm filing details.

Keeping an accurate Notice of Commencement on file and on-site reduces disputes, clarifies service addresses, and helps parties meet conditional notice or lien-filing deadlines.

Typical signers and their responsibilities

Project Owner

The owner (or owner’s agent) usually signs and records the Notice of Commencement, provides the recorded document to the contractor and posts it at the job site to start statutory timelines and notify potential claimants.

Authorized Agent

Authorized agents (construction managers, attorneys, title companies) may prepare and record the Notice of Commencement on behalf of the owner and must maintain accuracy because errors can affect lien rights and filing deadlines.

Core elements included in a professional Notice of Commencement

A complete Notice of Commencement contains standardized fields that establish identity, location, and legal context. Use the following components to ensure the notice satisfies typical county recording and lien-notice requirements.

Owner Identification

Full legal name and contact details for the property owner or entity responsible for the project, including mailing address for service of process and lien notices.

Property Description

Street address and legal description or parcel number as used by the county assessor; this anchors the notice to the specific property where work will occur.

Contractor Information

Name, address, and license number (if applicable) for the general contractor or prime contractor responsible for the construction work.

Contract Value or Bond

Optional fields for contract sum or surety name and bond number when state law or the owner’s lender requires financial backup or bond information.

Recording Details

Space for county clerk recording information (registration number, recording date) and the county or jurisdiction where the notice is filed.

Signature and Notary

Signature block for the owner or authorized agent plus notary acknowledgement or remote-notary fields where local law or county clerk requires notarization.

Key security and compliance facts for electronic Notices of Commencement

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Captures IP, timestamp, and signer actions
HIPAA: BAA required for protected health data
ESIGN / UETA: Compliant with ESIGN and UETA standards
Certifications: SOC 2 Type II and ISO 27001 available
Accessibility: WCAG 2.0 Level AA support

Consequences of an incorrect or missing Notice of Commencement

Lien Exposure: Increased risk
Lost Deadlines: Missed statutory rights
Invalid Service: Improper address harms claims
Filing Rejection: County may reject errors
Contract Disputes: Creates disagreement on start date
Costly Corrections: Additional fees or re-filing

Common mistakes to avoid when preparing a Notice of Commencement

  • Using a trade name instead of the owner’s legal entity name, which can invalidate service and cause TIN or title mismatches.
  • Failing to include the precise legal description or parcel ID, leading to recording delays or disputes over which property the notice covers.
  • Not posting a copy on the job site or failing to provide recorded copies to contractors and lenders as required by local rule.
  • Skipping notarization or remote-notary steps when the county requires them, resulting in clerk rejection or reduced enforceability.

Step-by-step: completing and recording a Notice of Commencement

Follow these steps to prepare, sign, record, and distribute a Notice of Commencement so statutory timelines and filing requirements are observed.

  • 01
    Gather information: Collect owner name, property legal description, contractor info, and permit number.
  • 02
    Prepare the form: Fill standardized Notice of Commencement fields clearly and completely.
  • 03
    Sign and notarize: Owner or agent signs; include notary or RON as required.
  • 04
    Record and distribute: File with county clerk/building dept and deliver copies to contractors and lenders.

Digital workflow setup for an online Notice of Commencement

Configure a digital workflow that collects signatures, attaches permits, and files the recorded notice where allowed.

Field Configuration
Upload document Import PDF or DOCX of the Notice template
Add parties Enter owner, contractor, lender email addresses
Signature blocks Place signer fields and notary acknowledgement
Routing Set signing order and optional reminders

How electronic signing and filing typically flows

A typical e-submission moves from preparation to signature, optional notarization, and then recording or distribution; track each step with an audit trail.

  • Prepare: Upload template and populate fields
  • Sign: Owner signs; notary attests if required
  • Record: File with the county clerk or building department
  • Distribute: Provide recorded copy to contractors and lenders

Practical timing checkpoints for issuing and distributing the notice

Use these timing checkpoints to avoid missing recording, posting, or distribution steps that affect lien rights.

Before Work Starts:

Prepare and authorize the Notice of Commencement prior to substantial on-site work.

At Permit Issuance:

Record notice when permit is issued if local rules require recording at that stage.

Post On-site:

Post a copy at the job site where subcontractors can find it.

Provide to Contractors:

Deliver recorded or filed copies to the general contractor and key subcontractors promptly.

Update if Changed:

Record an amended notice if owner, contractor, or property description changes.

Key project milestones tied to the Notice of Commencement

The notice links to statutory and administrative milestones; track these stages to preserve rights and evidentiary records.

01

Document Preparation

Complete the notice and verify legal names before signature.

02

Execution and Notarization

Owner signs and notarizes per county requirements.

03

Recording

File with the county clerk or recorder where the property is located.

04

Distribution and Posting

Provide recorded copies to contractors and post on-site for visibility.

Tips for accurate and efficient Notice of Commencement completion

Follow these best practices to reduce re-filing, preserve lien rights, and simplify later searches or disputes.

Use legal names consistently
Always enter the owner and contracting entities using their exact legal names from deed or corporate records to prevent title-search mismatches and service errors.
Attach permit and parcel info
Include permit numbers, parcel or assessor numbers, and a clear site address to help recorders index the notice and help suppliers confirm the correct job.
Keep a recorded copy on-site
Post a legible recorded copy at the job site and store a digital recorded copy with the project folder for quick access.
Review county requirements early
Check county clerk or building department rules for notarization, fee amounts, and any special recording language to avoid rejection or delay.

eSignature vendor comparison for filing and distributing Notices of Commencement

Pricing and core features for common eSignature providers to consider when sending, notarizing, and storing Notices of Commencement; signNow is listed first per vendor order 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 by region Varies by plan Free trial available Free trial available
Bulk Send Yes (Business Premium) 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 completion, notarization, recording, and electronic submission of Notices of Commencement.


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