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What is considered the first day on the project

OhioNotice of Commencement
Anonymous Sub-Subcontractor

We mobilized to a project out of state. The customer changes scope of work we were not set up to do. They said we can bill for the moblization The actual work was not performed until days later. Which would be the first day for the NTO, they first day of mobilization or the first day work was performed?

3 replies

Construction Attorney at The Green Law Group
| 13 reviews
Oct 23, 2020

I assume by NTO you mean the required Notice to Operate to the appropriate environmental regulatory agency. 

Typically for these agencies, delivery of equipment only, is not considered operations. The agency are concernd with domlition activities that could have an impact on the environment. 

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Anonymous Sub-Subcontractor
Question Author
Oct 23, 2020
It is actually a Notice to Owner/Preliminary Notice/Notice of Furninshing to secure lien rights..?
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Construction Attorney at The Green Law Group
| 13 reviews
Oct 27, 2020

I apologize, I have my questions set to California only, bur for whatever reason the LevelSet website sometimes kicks me questions from other states. I am not authorized to practice law in Ohio, and hope you can find the answer to questions. At least in California however, mobilization does count as work on the prokect. 

Nothing in this answer is intended to create an attorney-client relationship. Answers to questions should not be acted upon as legal advice, but are general in
nature and based on a limited understanding the facts of your situation. The facts of every situation are unique and may have specific legal ramifiSee More...
See More...
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