I'm the licensed contractor contracted for a job, but we aren't getting paid. Do we file an NTO and then put a lien on the project? Or do I just send a notice of nonpayment?
1 reply
Jun 25, 2021
If your contract is with the property owner a notice to owner is not required. A notice of nonpayment applies to a payment bond and there is a specific statutory form to use. If there is no bond then you may file a construction lien for the unpaid work in place. Send the owner a copy within 15 days of doing so together with a final payment affidavit in the statutory form. Because these things can get complicated you should consider consulting with a lawyer to prepare these documents and get them filed and delivered correctly. There are important time requirements that must be met to preserve your right to a lien.