We are a subcontractor in Florida, working as a sub directly for a General Contractor out of Phoenix, Arizona for a project in Toomsuba, MI. In FL we file a notice to owner. Do we have to file a prelim notice in MI and is there a form? Thank you.
Subcontractors working on a construction project in Mississippi may be required to send a preliminary noticeto the owner and the GC to secure their mechanics lien. rights. These preliminary notices are governed by MS Code §85-7-407(2).
Under MS law, the only parties that are required to send a preliminary notice are 2nd-tier and lower subcontractors and suppliers. 2nd-tier meaning that the party didn't have a direct contract with either the property owner or the general contractor.
If the project is a single-family, residential project, there is a different notice requirement. Not necessarily a "preliminary notice," but functions more like a Notice of Intent to Lien. On such projects, anyone who didn't contract directly with the property owner must provide a "pre-lien written notice." These need to be sent to the property owner at least 10 days before filing a mechanics lien claim.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...
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