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Missing information for project

OhioPreliminary NoticeRight to Lien

If I or Levelset cannot find the GC on a project but CAN send NTO to the property owner, is our lien rights protected. Also if the subcontractor we are working for refuses to give is the GC name or info, what do we need to do in that situation?

1 reply

Jul 8, 2020
Based on the information above, it looks like you're asking about a project in Ohio. In Ohio, a Notice of Furnishing is actually only required when a Notice of Commencement has been filed on the job. That Notice of Commencement will contain the GC's information, making it possible to send them the Notice of Furnishing. If the Notice of Commencement was not filed, then a Notice of Furnishing wouldn't be required at all. Though, sending one to the property owner anyway could be useful and they might be willing to share their GC's information. More on Ohio preliminary notices here: Ohio Preliminary Notice Guide and FAQs.

Florida NTOs

With that being said, the term "NTO" is generally associated with Florida preliminary notices ("Notices to Owner") - so let's look at some information re: Florida NTO's. You can find more information on them here, as well: Florida NTO Guide & FAQs. Notices of Commencement are also required in Florida. If one was filed, that should make it easy to identify the project's GC and send notice to both the owner and the contractor. If a Notice of Commencement was not filed, you may be able to ascertain the GC's information either by looking at the project's permits or by reviewing the postings and/or signage on the job site. If that's not possible, and if there's absolutely no way to determine who the GC is, then requesting that information directly from the property owner might be useful. Additionally, keep in mind that a customer's failure to disclose a GC could potentially mean that they are the GC - so sending them a copy of the NTO would likely be a good idea. What's more, formally requesting that your customer share the NTO with the GC might be a good step too. Finally, indicating that the customer refused to provide the GC information might make sense, too. Writing something like "Customer refused to provide GC information" in place of the GC's info might embarrass the customer and prod them into sharing that info.

Bottom line

Regardless of the state - if a GC must receive a required preliminary notice, and if the GC can't be identified, it's possible that failing to send the GC your notice could affect your lien rights. Still, it's a good idea to send notice to the owner anyway. Further, formally requesting the GC info in writing from the owner and the customer and formally requesting that they provide that notice to the GC might be worthwhile. At least that way, if things come down to it, you can show you did everything in your power to comply with the notice requirements.
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