We are a general engineering constractor in California working for a general contractor on a project we started in 2021. At the time the project began there was no lender but we have been notified recently this has changed. I understand there are issues and concerns with updating or amending a notice after the initial 20- day period has expired but with both a significant changed in contract scope & total along with there is now a lender on the project is it advisable to send a new preliminary notice? And if yes, how would I go about doing this?...Read More
We are a material supplier in CA and we are providing material for a job in Canada. Am I required to send a preliminary notice to secure our rights to lien if necessary? Project value is around $32,000. I understand you do not provide notices to Canada, but wanted to see if you can help me with the law. I am a current customer. ...Read More
We had a change order which increased the total amount of project. Would we submit a new Prelim notice for the new total or just for the change order amount?...Read More
1. Is a 20 Day Preliminary Notice required for work on a PUBLIC high school (commercial project)?
2. Is a 20 Day Preliminary Notice required for work on a PRIVATE high school (commercial project?)
Thanks
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Im a sub contractor that didnt file the job i finished in February until just now, the large GC who i worked for owes me well over 150k and has not paid me at all even after i finished the job 4 months ago and started it 9 months ago. its too late for the 20 day, so what should i do now?...Read More
Our company is in the process of changing our dba. If we filed the prelim under dba "A" and change our name to "B" in Levelset, when we file a lien for this project, the system will automatically assign "B" to the document. Would this be an issue?...Read More
We are concrete ready mix company. We poured concrete at property and have not been paid. We filed the pre-lien filed within the 20 day window, we needed to confirm a scout finding, which we confirmed but it was after 20 days, now payment isnt protected and it says the pre-lien was filed late. How do we fix/adjust the date? ...Read More
I'm subcontractor in a large job and had a project under contract for 2 million and with change order the job totaled 3
million. The original lien was for 2 million and outstanding debt is 1 million. Will the outstanding debt be covered with the original preliminary notice? ...Read More
I'm a subcontractor that filed a preliminary notice but a significant change order was signed a week after. The change order increased the total contract price dramatically. Do I need to file another preliminary notice to account for the higher contract price? Or is there something else I should do?...Read More
Hello,
I work for a construction management firm (not a general contractor), and we approach the preliminary notices and lien releases from the property owner/client's perspective.
Our policy is pretty simple:
- Track receipt of prelim notices
- For pay apps, track conditional releases for current and final/progress for prior releases from general, subs, suppliers, etc.
- For final pay app, collect unconditional/final from general, subs, suppliers
- We have a form and policy to track individual prelims and releases
The problem is in the detail of tracking the prelims and releases. Here are some examples/questions we have:
- We don't often get copies of all of the prelims, so we don't necessarily know who to collect releases from. How should we manage this?
- Amount of release – we try to match it to the pay app schedule of values, but this often doesn't tie. Should we forget the amount and worry only about the date on the release?
- Should the total of all releases match the total of the pay app? Or specifically, should the subcontractor portion of the pay app equal the total of all subcontractor releases? What if they don't match?
- How do we know we've gotten releases from all subs and suppliers? We request subcontractor lists from the GC, but it doesn't normally include the 2nd tier or suppliers.
- How do we manage risk and protect our clients best? Is it okay to get 80% of releases for progress payments?
- What if the conditional release and unconditional releases don't match? For example, either the amount has changed, or the Through Date is different.
- If the Through Date on the unconditional release is later than the Through Date of the conditional release, is this okay to accept? What if the Through Date on the unconditional release is earlier than the Through Date of the conditional release?
- How do we handle self-performed work by the GC?
Thank you in advance for your help!...Read More
Non payment. Entered in contract with GC did not file Pre lien. Now want to at least get there attention with a mechanics lien. Can it be done even though no Pre lien was filed. Seem to read conflicting information about whether or not a Land Surveyor is required to file pre lien. Since only labor is being provided....Read More