I am located in FL and I need to file a notice to owner document in VA for a commercial job. What is the document called?
Apr 3, 2019
That's a great question. In Florida, a Notice to Owner is a requirement in order to secure your lien rights. In other states, this is more commonly referred to as a Preliminary Notice. Depending on which state, this may or may not be a requirement. In the State of Virginia, the answer to this question is, "It depends." If the project is residential and a mechanics lien agent's information is provided on the building permit, then all potential lien claimants must give preliminary notice. If the lien agent's info is not on the permit, or if working on any other project type, this notice is optional. However, even when a prelim is not required, we always stress the effectiveness of sending voluntary preliminary notices. Sending these voluntarily is a great way to not only be seen on a project but to speed up the payment process as well. Virginia, in particular, provides additional advantages to sending a preliminary notice. A lien only obligates the owner to pay claimants from the money that has yet to be paid to the GC. However, if a voluntary preliminary notice is sent, it can make the property owner or GC personally liable to the claimant. Meaning the contractor may be able to recover more than they would have under a mechanics lien. For more resources, you can download the How to File a Mechanics Lien in Virginia Guide or check out the Virginia Lien & Notice Overview page.