If we have a sub who has a supplier that he hasn't paid, and the sub comes to us and says he sent a 20-day notice, are we on the hook if they can't prove that we received it?
1 reply
Oct 28, 2020
A preliminary 20-day notice may be served by mailing the notice by first-class mail with a certificate of mailing, or registered or certified mail. Service is complete at the time of the deposit of the notice in the mail. So they do not have to prove that you received the preliminary 20-day notice. They only need proof that they mailed it. The proof required will typically be the certification from the post office showing that the notice was mailed. That certificate must be attached to the mechanic's lien when it is recorded.