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Preliminary note and lien deadline

Virginia

We are suppliers, working B2B on commercial projects. We delivered our products (windows) per schedule below: • 12/23/2020 • 01/08/2021 • 01/11/2021 • and one missing piece on 02/15/2021. In our contract it is written that our client is General contractor and Owner of the project. We have 25% deposit, but now client is not paying remaining amount due to some problems with funding. We sent Preliminary note and Notice of intent to Lien on 03/23/2021, but only by email. We read now that Notices should be sent by mail, and we also read that if we have contract with the owner Preliminary note is not necessary. Our concerns: Do we need to send preliminary note by mail, or how to verify project owner. Can we count 90 days to file a Lien from last small delivery on 02/15/2021. Thank you!!!

2 replies

Mar 29, 2021

We delivered products to California

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May 31, 2021

We recently received a ruling that, in Maryland, actual notice proven by emails is sufficient notice to a bonding company. It may be that your situation fits this ruling, but there are many facts not set forth in your description. It is best to send notice in as many ways as possible of your intention to obtain a mechanic's lien. Usually, the statute, depending on the state, requires that the notice be sent by certified mail to the property owner with a complete description of the property against which the lien is sought. If this did not happen in a timely manner, depending on the state, you may be able to prove actual notice (they knew you were seeking a lien) if done in a timely manner. You should seek counsel.

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