Wrong property address on 20-day prelim

2 years ago

The building owner received 20-day preliminary lien notices that listed the wrong address for the location of the construction activity. No correction was sent.
Should the subsequent lien waivers list the correct address of the work, or the incorrect address shown on the preliminary notice?

Chief Legal Officer Levelset

Generally, the lien waiver should reference the actual location of the work – since that is the location to which the potential lien rights would actually extend. However, for the sake of clarification and open communication, in this particular type of situation it may be worth including both addresses on the waiver – something like:

“For the work of improvement located at __________________________, incorrectly identified on waiving party’s 20-day preliminary notice as _________________________.”

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