I have two contracts directly with the owner meaning the owner signed the contract. I did not give a preliminary notice because of the direct contract with the owner. I have two contracts, one is under my earthworks license. The other is as a labor only contract for concrete work l, which I used licensed concrete people to do. Again, both are signed by the owner. Your website says a preliminary notice isn't needed if the contract is directly with the owner or is a labor only contract.again, both mine are directly with the owner, one is labor only. Can I put a lien with both contracts? Today is day 20 since I was there last on May 17. However I was also there to remove things and check to make sure all bmp are in place, all owners belongings are there on my 20. The contract states the customer owes 250 a day for stopping the job for months due to incomplete plans. They signed a second contract saying they've delayed at least 35 days and agree they didn't pay properly on time in the past and agree to pay $1,000 a day for late payments. They signed this third contract, but only the general contractor, not the owner. So that one definitely needs a preliminary notice. However, the first two do not, correct? Thank you!
You don't need a prelim if you contract directly with the owner, unless there is a construction lender. As for your contract for earthwork for which you are licensed, yes, a lien may be appropriate if you weren't paid and you are within your deadline to record one. As for the concrete contract, no, I don't beleive a lien is proper, as you cannot contract for work requiring a license unless you are licensed to do that work. In fact, you may be subject to disgrogement for any monies paid to you for concrete work. Obvioulsy I don't know all the facts. You should talk to a construction lawyer.
Thank you for your answer. I should have been more clear on the second contract. It is for earthworks and digging unusual footings, etc. Labor only, then any concrete parts were subbed out. Does that make a difference?
As long as you hold a license for the work you contracted to do, you're fine. Thanks,