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Do we need to list GC on any notices since they have been fired by the owners?

Washington

We were hired by a GC for 2 commercial projects. One project is almost complete and we were paid by the GC for everything except retention. The other project we have one outstanding billing along with retention. The GC was fired by the owners a few months ago and now we correspond directly with the owners. There is a new GC on the 2nd project who is in charge of the project but not pay apps. We will be going back on site for punch list items on both projects next week and we want to send out preliminary notices. Do we need to include the GC on the notices since they initially hired us or just the owners? We didn't do this at the beginning of the projects but want to now, since it looks like projects may be headed for litigation.

1 reply

Nov 23, 2021

Generally speaking, it's best to include all required information and to err on the side of caution. So, if the GC's contact info is required on a notice, then putting a fired GC's information on the document would likely be a safe approach, even if you aren't working directly with them anymore. 

If there's another GC who's been hired after the prior GC was fired, including the new GC (in addition to the old GC) might be a good idea, as well. This is true even if your relationship with this GC isn't necessarily a traditional or ordinary one.

Even if all of that information isn't necessarily required, by erring on the side of caution and including the most relevant information possible, you can rest better assured that missing the GC information won't lead to an issue later on. 

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