What is the best protocol for recording progress payments for lengthy jobs/extend beyond the date to file a lien

Technically, a notice to owner doesn’t expire. The owner knows you’re there with lien rights once you serve it correctly. (Whether you should verify whether the owner has changed , or there is a new lender, or some other such quirk, and should serve an amended notice on somebody new just to notify them, is a different question).

The owner should be keeping track of your contract balance due and the progress of your work by obtaining partial lien releases from the GC. Theoretically, if the owner gets partial lien releases with progress payments, the owner gets ongoing reminders that you’re “out there” with potential lien rights. Also theoretically, if the owner pays the GC and doesn’t get lien releases, it still legally knows you’re “out there” , and is at risk for double payment for not getting partial releases. Good for you.

If you really want to be sure you’ve made a record that you haven’t been fully paid and it’s a long term job, here are two ideas:

1. Write a polite letter to the owner and GC telling them you still have work to complete on the job and are still working, happy to have their work, have a nice day, etc.. (If there are any problems on the job, though, like delays, disruption, late payments, you best bring them up in a separate notice letter to the GC.)

2. To be formal, send a request to the owner for a sworn statement of account. But that might irritate the GC or the owner. Still, it will make the record that you’re there, and may bring out any issues with the status of payments.

The main thing is, 90 days to lien from the date you can prove, unambiguously, you last performed substantive work (not warranty or punchlist). And do your lawyer a favor by not putting off calling him or her until the 89th day.
 

Hope this helps.

Very truly yours,

Andrew V. Showen