I am a material supplier who has a customer, the subcontractor who is claiming that the lender will be
confused if we are both pre liening for material. The sub claims that cost of the project will look inflated and scare the lender off.
No. The lender should be sophisticated enough to know that there are going to be preliminary notices issued at every tier and that lower tier amounts will be incorporated into higher tier amounts. Remember, you must identify with whom you have contracted with in your preliminary notice. The lender will be able to see that the material supplier's contract is with the sub and thus should not double count.
Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The law is complex and the specific facts of your situation can cSee More...See More...
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