Home>Levelset Community>Legal Help>a prelim release is dated through the invoice date or though the end of the month

a prelim release is dated through the invoice date or though the end of the month

Anonymous Contractor

We have a major project at my company. We have several prelims on this project I need to know if the releases for the prelims should they be dated through the date of the invoice or though the end of the month of that pay period?

1 reply

Peter Ryan

Construction Lawyer

Legal Guard Lawyer

Partner at Flores Ryan, LLP

| 280 reviews

Jan 28, 2020

Under most circumstances you should not issue multiple preliminary notices for the same project. Preliminary Notice should be issued once, within 20 days of commencing work. This protects your lien rights for the balance of the project. Your releases on progress payments should correspond to a specific pay period and corresponding payment (or expected payment if the release is conditional). You are releasing your lien rights with respect to that pay period and progress payment only. Your release on final payment at the end of the project will release what is left. The period on the release should be the exact pay period. Anything broader may release your lien rights with respect to other pay periods that have not yet been paid.

Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not
intended nor should be construed as legal advice for any particular case or client. The law is complex and the specific facts of your situation can cSee More...See More...

0 people found this helpful

Helpful