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Home>Levelset Community>Legal Help>If customer wants to change name of corp. on Contracts/Inv does this make original NTO invalid since there is a name chg

If customer wants to change name of corp. on Contracts/Inv does this make original NTO invalid since there is a name chg

Florida

One of our customers would like to change their company name on contract/invoices that have already been sent an NTO for that particular project address. If we change the name on the contract/invoice do we need to send a new NTO with their new company name? Thank you.

1 reply

Apr 12, 2021

As a basic rule of thumb, it's always good to be as accurate as possible with all project documentation. So, to the extent possible (while also preserving lien rights), making things accurate and consistent is a good idea. Plus, keep in mind that if there's plenty of time on the Notice to Owner ("NTO") deadline, then sending additional notice wouldn't really be risky at all.

If the deadline has passed or is closing in, then it may take more consideration.

Generally, another company's actions after you've sent a valid Notice to Owner shouldn't retroactively ruin that NTO. At the same time, having continuity between the NTO and contract documents is just good business. To avoid confusion, it might be helpful to make sure that both company names appear on future project documentation. Something like "New Company Name (formerly identified as Old Company Name)" could reflect the relationship between the company names.

If the company's name was just flat-out incorrect on the first notice, I'm not sure that would be fixable if the Notice to Owner deadline has passed. Granted, if they'd given you the wrong name, that sort of issue might not preclude a lien filing later on.

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