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How can I make sure a project for a multifamily development is protected?

Georgia

I'm a subcontractor and I got a new contract to work on a new build multifamily development in NC. I'd like to send a preliminary notice, but I'm not sure if I should send one notice or if I should send a notice for each individual address within the development? If I send one notice with the development name will that cover the full scope for each building? From my understanding it is one owner.

1 reply

Jun 9, 2021

When in doubt, the safest way to proceed is always to send notices separately. While one notice may or may not be sufficient, sending separate notices should always cover all bases. That being said, when there's one single owner for all the properties involved, and when the work is being under one single contract, then one notice may well be sufficient if it identifies all properties where work is being done.

But, to determine whether multiple Notices to Lien Agent would be required - it might be useful to review the building permit(s) for the job. If separate permits are being filed for work done at each property, that might be a sign that the works are considered separate and that separate Notices to Lien Agent should be given.

To determine whether multiple Notices of Subcontract would be required - it'd likely be useful to review whether one or more Notices of Contract were filed. If the GC has filed multiple Notices of Contract, then it'd likely be wise to send a Notice of Subcontract for each Notice of Contract filed. If only one Notice of Contract was filed, then only one Notice of Subcontract would likely be necessary.

With all of this in mind - this is a pretty narrow question tailored to North Carolina's preliminary notice laws. And, contacting a North Carolina construction lawyer to discuss the matter would probably be useful. They should have more specific knowledge regarding North Carolina's laws and precedent. For help finding a North Carolina construction lawyer, this directory should help: Top North Carolina Construction Lawyers.

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