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Can you file NOF on maintenance projects at a university and companies?

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Our customer works at a university and orders material for maintenance projects all the time. We provide supplies for each PO# and for different locations. We bill our customer and then they bill the university. Would a NOF work in this situation? If not, what would to protect our interest?

4 replies

May 21, 2019
That's an interesting question, and there are some additional factors that will determine what notice can and should be sent, as well as what recovery options might be available. Specifically, whether the university is public or private will actually have a large impact here. When a project takes place on public property, a mechanics lien won't be available against the underlying land to secure payment. But a mechanics lien against project funds or a bond claim could potentially be available. Regardless of the payment security, though, a Notice of Furnishing will generally be required when a potential claimant was hired by someone other than the property owner.

For private projects, where lien rights against the property serve as payment security, a Notice of Furnishing must be sent by all parties who did not contract directly with the property owner (if a Notice of Commencement was filed). For public projects, subs and suppliers hired by someone other than the owner must send a Notice of Furnishing in order to preserve their right to make a lien on contract funds or a bond claim.

So, for someone hired by a party other than the property owner - a Notice of Furnishing will be necessary for just about any project. Plus, even when notice isn't required, establishing open communication from the start of the project and letting the property owner know you're performing work will help avoid payment problems in the first place and put a sub or supplier in the front of the line when payment is being released.

For more details about Notice of Furnishing, these resources will be helpful: (1) Notice and Lien Overview for Private Projects; (2) Notice and Claim Overview for Public Projects.
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Sep 28, 2022
No. The standard for filing NOF is the same for both universities and companies. You may need to file an NOF if you conduct a maintenance project for your company, or you conduct a maintenance project at a university. There are no differences between these two types of projects. You may use the same form for both types of projects. Further information can be taken by reading articles present at source. If the difference between the two types of projects is that one of them is conducted by a government agency and the other one is conducted by a private company, then there may be differences between two different forms that can help you file an NOF more easily.
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Oct 13, 2022
However, the project needs to meet the definition of a "maintenance project". If it does not meet this definition, then it is not considered as a "maintenance project" and you cannot file NOF on it. Further information can be obtained from source. For example, if you are building a new building or renovating an old building, then that is considered as a maintenance project because of all the work involved in making it better and safer for people to work in.
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Jan 28, 2023

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