My company filed the preliminary notice a year after starting the public works 33rd St Pipeline Project and now the Subcontractor isn’t paying invoices or returning communications. Will filing a stop notice be good? Preliminary notice delivered more than 30 days ago
Good morning! Based on the above, it is likely that the preliminary notice would help you protect via the stop payment notice remedy the labor/materials furnished in the 20 day period prior to the date of servce of the preliminary notice. BUT you also may have a right to assert a claim against the public works payment bond despite a preliminary notice (subject to some surety defenses) as long as you send a timely "15/75 Day Notice."