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If hired to do a construction job (roof install), by a property management company (not a GC), do preliminary notices need to go to the property owner?

North CarolinaPreliminary Notice

Often we are the only contractor on a job. We are not hired by a GC or the property owner, but a management service or other agent of the owner. Are preliminary notices required, or is there still privity as there is no contractor chain?

4 replies

Sep 7, 2017
That's a great question - the general answer regarding notice requirements, and specifically which apply, have to do with the respective roles of the contracting parties.

In North Carolina, "an 'owner' is a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. 'Owner' includes successors in interest of the owner and agents of the owner acting within their authority." Property management companies that act pursuant to an agreement with the property owner for the upkeep and improvement of the property would likely generally be considered agents of the owner acting within their authority for noticing requirement purposes.

It's worth noting, though, that North Carolina has a preliminary notice requirement for both original contractors and subcontractors that is not sent to the property owner, but a different party - the Notice to Lien Agent. Accordingly, the notice to lien agent should be sent to the lien agent within 15 days from the potential lien claimant’s first furnishing of labor and/or materials to the project for all projects for which the original building permit was $30,000 or more (excepting single family residences) - no matter project role.
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