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Olive branch ms. Wrong project address

MississippiPreliminary Notice
Anonymous Contractor

I received a preliminary notice with my address as the project address. But there is no project at my house. It appears be the new neighborhood down the road . Do I sue the Contractor referenced for giving my address to the equipment rental company instead if the correct address.

2 replies

Alex Benarroche
Construction Lawyer
Levelset Admin at Levelset
| 335 reviews
Feb 10, 2020
Since this is merely a preliminary notice, as opposed to an actual mechanics lien filing, I don't believe legal action is particularly necessary or even warranted. Since Mississippi preliminary notices are not filed documents, there hasn't really been any adverse actions taken or recorded against your property. This may just be a clerical mistake. Even if the rental company does eventually file a mechanics lien, it would be invalid for two reasons;  (A) if the lien is filed against your address the property address is wrong, and (B) if the lien is filed against the proper address, they failed to send the required preliminary notice to the real owner. The best option would be to simply send a letter to the contractor and equipment rental company informing them that the project address they have is incorrect. That way the rental company can send the preliminary notice to the proper owner.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...
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Anonymous Contractor
Question Author
Feb 10, 2020
Thank you so much. After reading up on it. I figured the rental company would be out of luck since they never sent notice to the correct address as well as my address being incorrect. Thanks for the confirmation! I really appreciate it.
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