If I the subcontractor did not send a Notice of Furnishing but also the Owner did not submit a Notice of Commencement does anyone have lien rights?...Read More
It is understood that the GC must keep the recorded NOPC conspicuously posted at the jobsite while the project is under construction. Is there any requirement that covers that one year warranty period where a subcontractor shall provide repair work or "warranty period" repairs to the 'completed' project? Is the NOC still effective to cover any subcontractor, and therefore, any potential material supplier, that is required to return to the site to perform warranty work after the GC has obtained Certificate of Occupancy?...Read More
I signed an NOC with a CGC on 5/19/20. The CGC was extremely behind in their timeframe to complete the project and kept dragging their feet. In addition, they performed work outside the scope of their license (electrical and plumbing). Due to their prolonged delay, I took it upon myself to hire other contractors to complete work that did not need permits and filed complaints against their license. After the CGC did deliberate damage to my property, the CGC"Cancelled" the building permit, then changed it to "Expired", without completing the final inspection to close out the building permit. The CGC was paid in advance for work they did not complete and for materials (quartz countertops and SS appliances), I also paid other contractors for this work the CGC did not perform. So they were overpaid. I am now trying to refinance my house and the CGC will not release the NOC as they claim I owe them money, which is laughable. I need help with preparation and recording the termination to remove the cloud from my title so I can complete my refinance by APRIL 30, 2021!!!...Read More
We has sent out a notice on commencement for a customer and it has yet to be signed and filed with the city. Are we able to start this job without it being filed and signed with the city? Would we need to Revise this in any way?...Read More
I am a prime contractor finishing up a job and the owner does not want to pay. The notice of commencement on the job is expired, but would I still have lien rights if I furnished materials within 90 days?...Read More
We received a letter of intent. We worked to get everything set up for that project. 3 days later the GC contacted us and let us know they are contracting someone else.
What would be the best way to protect the work done for those days that the letter of intent was given and collecting money on them?...Read More
I am an owner and by law it appears that I need to file a Notice of Commencement before I start construction of a house on a lot that I own. Due to recent hurricane damages, it is hard to find contractors in the area to do a job. Many of them state that they "currently do not have any resources to take on new jobs". If I go with the standard 1 year expiration, there is a high risk that due to the contractor shortage I may not be able to have the house built before the NofC expires, and I would have to go through the hassle of applying for extension....Read More
I just received a Notice of Furnishing from a supplier of a sub that is doing work for my GC on a Home Remodel. I believe the sub wants a copy of the Notice of Commencement. Of course, I didn't know anything about an NOC! What protection am I affording myself if I file an NOC now?...Read More
Our company (contracting, not ownership) has been requested by an AHJ to hand in a certified NOC. The copy of the NOC we presented is notarized and recorded in the County. How do we get a certified copy, given that we are not the issuers of the document?...Read More
I am completing a NOC for SC. We are the GC building a restaurant in a strip mall space owned by the developer. Our contract is with the franchisee building in the strip mall space. Do i put the franchisee since that is who our contract is with?...Read More
There was a new roof put on my mothers house, however, she has passed and is unable to sign the notice of commencement. Am I able to sign it as her heir while we are waiting for her estate to be closed out since the property hasn't been transferred yet?...Read More