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Can I send a preliminary notice before the job starts?

North CarolinaPreliminary Notice

Since the mail has been slower than usual lately, I'm worried that some preliminary notices won't arrive until after the work is finished and paid, particularly on jobs with a quick turnaround. Do we have to wait until we first furnish labor/materials to get the preliminary notice sent, or can we start that as soon as the contract is signed?

1 reply

Nov 5, 2020

It depends on the type of notice you're referring to, so let's go over the two main types of preliminary notices in North Carolina

Notice to Lien Agent  

--> Required if a lien agent has been designated by the property owner.

Under NC Gen. Stat. §44A-11.2(l)(1), to perfect a claim of lien on real property, the claimant must send a "Notice to Lien Agent... no later than 15 days after the first furnishing of labor or materials by the potential lien claimant." Therefore, the notice can be given at any time after the contract has been executed, but no later than 15 days after first furnishing. 

Notice of Subcontract 

--> Required if the owner or GC filed a Notice of Contract

There is no specific timeframe to serve this notice. However, since this is only required to be served if a Notice of Contract was filed, sending this notice early serves no purpose.

For more information see: North Carolina Preliminary Notices- All You Need to Know 

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