I just found out that our contractor did not file the Notice of Commencement as he told me he did and now we are past the 15 day mark from the first day of work. Is it 15 days or 15 business days? What do I do or is there even anything I can do?
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May 26, 2020
The notice of commencement must be filed no later than 15 calendar days after the contractor physically commences work at the Project. If a notice was not filed, you should ask your contractor for a list of all subcontractors and known suppliers for the project, so you can use that as a checklist for obtaining lien waivers.
You should also discuss with your attorney steps that can be taken at the time you close out the project to minimize the risk of any liens popping up, and to lessen any exposure you may have.
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May 26, 2020
§ 44-14-361.5 (b) provides: “Not later than 15 days after the contractor physically commences work on the property, a notice of commencement shall be filed by the owner, the agent of the owner, or by the contractor with the clerk of the superior court in the county in which the project is located.”
The failure to comply renders inapplicable the requirement that a subcontractor file a notice to contractor.