General contractor may not have timely provided preliminary lien notice. Need to understand if all lien rights have been waived.
1 reply
Dec 2, 2021
A failure to provide an initial notice to lien agent cuts off lien rights only following a refinance or sale by owner. If the same owner that owned the project at the time the work was performed has not sold or refinanced the project and your deadline for filing a lien has not passed, no lien rights have been waived. I’d likely still give a late notice to lien agent prior to filing a lien, but assuming you are withing your “120 days” you would still have rights under those circumstances. If the project has sold to a new owner, or there has been a refinance, those rights have been cut off.