We have an existing job in Levelset that we did not send notice of furnishings out on ( so the job was not covered with lien rights ) That job was completely paid for this winter thank goodness. They have now started a new phase of the job but our salesman did not change the name of the job for the new year so it is reporting as the same job as last year. Levelset will allow me to send a new notice of furnishings by changing the dates to the new pick up date etc but I needed to know if legally I will have lien coverage on this job since we didn't notice on the original invoices last year. Basically can I start this over and do it the correct way this time.
This is an interesting legal question, but at the end of the day it doesn't matter. A notice of furnishing "relates back" to all work performed by the subcontractor in the 21 days preceding service of the notice of furnishing (NOF).
In your case, you have been paid for all your prior work has been paid, which means the only potentially lienable work is the work now and moving forward. Your new NOF that you serve today or in the near future will relate back 21 days. If you haven't yet started the new phase, or if you have started but serve the NOF immediately (so that all work performed fits within the 21 day window) then your new notice of furnshing should be sufficient to cover your work and preserve your lien rights.
Thus, the interesting legal question (does this new phase count as a new job, or is it still part of the old job?) doesn't matter since you have been paid to date, and you can serve a new NOF that covers you from this point forward (which is the only work that matters now).
Thank you for your prompt reply as well as your very detailed explanation.
Lynne
You're very welcome.