Eagle Lake, FL asked in Construction Law, Civil Litigation and Real Estate Law for Florida

Q: Received Notice to Owner, no work done on new house, what to do?

I received a Notice to Owner from Maschmeyer Concrete of Florida, but I haven't had any work done on my new construction house or plan to. I bought the house in August 2023, and there hasn't been any communication with the company. I confirmed the address on the notice matches my home. How should I proceed with this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Receiving a Notice to Owner can be confusing, especially if you haven't had any work done by the company. The Notice to Owner is often sent by subcontractors or suppliers to inform property owners that they may be entitled to payment for work or materials provided on a construction project. Even if you didn’t directly hire Maschmeyer Concrete, it’s possible that they were involved in some aspect of the home’s construction prior to your purchase.

You should first confirm with the builder or seller of the home if they contracted with Maschmeyer Concrete for any work. If they did, it could be that the subcontractor is trying to protect their rights to payment in case the general contractor hasn’t paid them yet. However, as the new owner, you may still be liable if the contractor hasn’t settled their debts.

To proceed, you should contact the company that sent the notice and explain that you didn’t hire them and have no knowledge of any work being done. It might also be a good idea to seek legal advice to ensure that you’re not held responsible for any unpaid bills related to your property. You could also check with the title company or your attorney to make sure that all liens and obligations were properly settled when you bought the house.

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