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Olive branch ms. Wrong project address

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

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.

See The 4 Worst Mechanics Lien Mistakes

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.

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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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