Can a Notice of Commencement be signed electronically?

Yes in most states when the electronic signature meets ESIGN (15 U.S.C. ch. 96) and UETA standards: intent, consent, attribution, and retention. Confirm any state-specific exceptions for notarization or witnessed signatures.

Is notarization always required?

Not all states require notarization for a Notice of Commencement, but many counties accept only acknowledged instruments. When a notary is needed, remote online notarization (RON) may be allowed if state law permits and identity-proofing requirements are met.

How do I correct an error after recording?

Prepare and record an affidavit of correction or an amended notice per county recorder procedures. Prompt correction reduces risk of misindexing and helps preserve lien priority; consult local recorder rules or counsel.

Who should receive copies after recording?

Provide the recorded copy to the general contractor, lender (if named), and major subcontractors or suppliers who requested notice. Some states specify recipients for statutory protections.

What happens if the notice is not recorded?

Failure to record when required can impair lien priority or statutory protections. In many jurisdictions, an unrecorded or defective notice will not provide the intended notice date for priorities and deadlines.

Can a Notice of Commencement be revoked?

Yes; revocation or cancellation procedures vary by state. Prepare a signed cancellation notice and record it where the original was recorded, and distribute cancellations to affected parties to avoid confusion about project status.

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Notice of Commencement

Notice of Commencement

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What a Notice of Commencement Is and when it applies

A Notice of Commencement is a recorded construction document that identifies the property, owner, contractor, and lender and publicly establishes the start of a specific improvement project. It is commonly used in U.S. lien law to set notice and priority dates for mechanic’s liens and to help owners, contractors, and suppliers verify contract and payment information. Recording or delivering a Notice of Commencement can alter lien filing deadlines and priority against subsequent liens, so accurate completion and timely filing are essential for protecting rights on construction and renovation projects.

Why filing a Notice of Commencement matters

Filing a Notice of Commencement clarifies project parties, creates a public record of the start date, and helps preserve lien priority and payment protections. It reduces disputes about when work began and who contracted for improvements.

Typical users and stakeholders

Owners, general contractors, lenders, and suppliers commonly prepare or rely on a Notice of Commencement to document project start and lien priority.

Property owners and developers who need to establish public notice of the project and identify responsible parties for payments and claims.
General contractors and subcontractors who rely on recorded start dates to calculate notice windows and preserve lien rights.
Material suppliers and subcontractors who use the recorded notice to confirm contract details and determine when to provide preliminary notices.

Each party’s responsibilities vary by state; consult local lien statutes or counsel to confirm who must record or receive the document.

Essential elements included in a professional Notice of Commencement

A well-prepared Notice of Commencement contains factual project identifiers, responsible party contact data, and recording details to ensure statutory effectiveness and ease of use by suppliers and lien claimants.

Project ID

Property address and legal description to precisely locate the improvement and link the notice to public records.

Owner Info

Full legal name, mailing address, and contact information for the property owner or authorized agent responsible for the project.

Contractor Info

Primary contractor or construction manager name, business address, and phone number for notice and verification purposes.

Lender Details

Name and contact information for any financing party whose lien priority or title interests are affected.

Recording Data

County recorder name, recording date, and instrument number if recorded — vital for public notice and priority queries.

Notary Block

Notary acknowledgment or remote notarization details as required by state law to validate the signature and recording if applicable.

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

Follow these sequential steps to complete the form, confirm signatures, and file with the appropriate office or deliver required copies.

01

Draft the notice: Populate project and party information accurately.
02

Obtain signature: Owner or authorized agent signs; notarize if required.
03

Record the document: File with the county recorder where property is located.
04

Distribute copies: Provide recorded copies to lender, contractor, and suppliers.

Configuring an online Notice of Commencement workflow

When preparing the notice electronically, set up fields, authentication, and routing so the form records correctly and signatures meet legal requirements.

Field \| Configuration	Action required
Project Address Field	Required text field with validation
Owner Signature Field	Signature field with date stamp
Notary Block Field	Optional notarization area for RON/ink
Routing / Copies	Auto-send recorded PDF to designated parties

Where to file and how the submission flows

A Notice of Commencement must be recorded or delivered per state rules; follow the filing sequence to establish public notice and preserve statutory timelines.

Prepare document: Complete notice with all required fields.
Notarize if required: Apply in-person or remote notarization.
Record with county: Submit to county recorder’s office for indexing.
Provide copies: Distribute recorded copy to contractors and lender.

Digital signing and submission considerations

Use an eSignature workflow that supports notarization, audit trails, and secure file export to county recorder formats where required.

Authentication: Email, SMS, or advanced signer methods
Integrations: Integrate with cloud storage and ERP
Formats: Export signed PDF/A for recording

Ensure the platform you use supports secure storage (AES-256 at rest), a detailed audit trail, and optional remote notarization workflows when state law permits.

Core data points to include on the form

Project Owner: Legal name

Contractor: Primary contractor name

Property Description: Address and legal description

Recording County: County of record

Recording Date: Date instrument recorded

Notary: Acknowledgement details

Consequences of incorrect or late notice

Lost priority: May forfeit lien rights

Invalid claims: Recorded errors can nullify protections

Recording rejection: County may refuse defective forms

Payment disputes: Increased litigation risk

Additional fees: Re-recording and amendment costs

Statutory penalties: State-specific fines possible

Common preparation errors to avoid

Using an incorrect legal description that does not match the deed, which can cause the recorder to misindex or reject the instrument.
Failing to obtain the owner’s authorized signature or proper notarial acknowledgement, producing a notice that courts or recording offices may not accept.
Recording in the wrong county or with incomplete page formatting, which can nullify the intended public notice and impair lien priority.
Distributing copies late or to incorrect parties, which can trigger disputes and reduce the ability of suppliers or subs to rely on the notice.

Time-sensitive actions and typical deadlines

Several timing rules affect when to record and whom to notify; these deadlines are governed by state lien statutes and local recorder practices.

Record before work:

Record or prepare before substantial lienable work when statute requires

Deliver to lender:

Provide recorded copy to lender promptly if lender is named

Notice windows:

Many states use recorded date to calculate notice deadlines

Final waivers:

Coordinate final waivers with the project close-out date

Correction period:

Amend errors quickly to avoid disputes

Key milestones from preparation to close-out

These numbered milestones show a typical lifecycle for a Notice of Commencement from drafting to final recordkeeping.

01

Stage 1: Drafting

Complete all party and property fields before signature.

02

Stage 2: Authentication

Obtain owner signature and required notary acknowledgement.

03

Stage 3: Recording

File with county recorder and obtain instrument number.

04

Stage 4: Distribution

Send recorded copies to contractor, lender, and suppliers.

Real-world examples of Notices of Commencement in practice

These examples show how organizations use Notice of Commencement to manage projects and avoid disputes.

Martin Properties — Tim Martin

Martin used recorded Notices to establish clear start dates for multiple renovations

Reduced payment delays and supplier confusion
Properly recorded notices helped avoid a costly lien dispute and allowed faster project close-outs while preserving contractor relationships and title clarity.

BIS — Dan Rotelli

BIS integrated notices into workflows for large commercial builds

Ensured lender visibility
Centralizing Notices of Commencement in project records reduced administrative overhead and improved milestone coordination with financing partners and subcontractors.

eSignature solution comparison for preparing and signing Notice of Commencement

Overview of common vendor pricing and features relevant to signing and distributing Notices of Commencement. signNow appears first per platform comparison.

	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 (Business Premium)	Varies	Varies	Varies	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about Notices of Commencement

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

Need help? Contact support

Can a Notice of Commencement be signed electronically?
Yes in most states when the electronic signature meets ESIGN (15 U.S.C. ch. 96) and UETA standards: intent, consent, attribution, and retention. Confirm any state-specific exceptions for notarization or witnessed signatures.
Is notarization always required?
Not all states require notarization for a Notice of Commencement, but many counties accept only acknowledged instruments. When a notary is needed, remote online notarization (RON) may be allowed if state law permits and identity-proofing requirements are met.
How do I correct an error after recording?
Prepare and record an affidavit of correction or an amended notice per county recorder procedures. Prompt correction reduces risk of misindexing and helps preserve lien priority; consult local recorder rules or counsel.
Who should receive copies after recording?
Provide the recorded copy to the general contractor, lender (if named), and major subcontractors or suppliers who requested notice. Some states specify recipients for statutory protections.
What happens if the notice is not recorded?
Failure to record when required can impair lien priority or statutory protections. In many jurisdictions, an unrecorded or defective notice will not provide the intended notice date for priorities and deadlines.
Can a Notice of Commencement be revoked?
Yes; revocation or cancellation procedures vary by state. Prepare a signed cancellation notice and record it where the original was recorded, and distribute cancellations to affected parties to avoid confusion about project status.

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