How is a NOF affected if a project is completed in phases, do you need to file a new NOF with each phase? Thanks
2 replies
Apr 27, 2021
Hi there, The NOF provides the Owner / Owner’s Designee with notice that a contractor, supplier or laborer is providing physical improvements to the project so that Sworn Statements (SS) can be scrutinized to see that proper payments are being made. The NOF preserves lien rights. A new NOF is not needed for each phase or a project according to a SS. If somehow the new “phase” was considered a new “project” with its own SS, then I would want to provide a new NOF. Good luck. Regards, John K. Robertson LAW OFFICE - CONTRACT ATTORNEY t: (248)943-7770 e: lawjkr@mac.com (TEXT FOR EXPEDITED RESPONSE) Privileged & Confidential: This email communication and any attachments are intended for the sole use of the intended recipient. If you are not this person(s), be advised that any use of this communication including reading, storing, copying, disclosing, or distributing it is strictly prohibited and shall not waive attorney-client privilege. Legal advice and an attorney-client relationship depends on a separate and distinct engagement letter and appropriate fee agreement setting forth expected services, rights and responsibilities. If you have received this communication in error, please promptly alert the sender by email or phone and delete this message. Thank you.
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May 4, 2021
Generally if you are hired for a project a Notice of Furnishing covers the entire project. I would ask the general contractor if a new notice of commencement was issued. If so send a new NOF.