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Notice of Commencement Questions
All Status
Notice of Commencement
All States
Filling out an NoC form as an owner.
FloridaI just received a notice of commencement for a project that has now gone on hold in Georgia. Are there any repercussions for this regarding the notice of commencement? Is there any action I need to take as the GC?
GeorgiaCan the NOC be signed by an authorized representative of the owner or does the NOC need to be filed/signed by/through "SunBiz" ?
FloridaContractor and I had many verbal disagreements re terms, service etc. they proceeded with work despite my telling them not to. (I was not present). I later find that they FORGED my signature on a Notice of Commencement THEY EXECUTED (same day as the estimate given) ansd their office NOTARY falsely notarized same (I have never been to that office, seen her, presented ID,etc). Then they filed this fraudulent document in Circuit Ct. Due to ongoing disputes, they filed a lien, and am now suing for foreclosure. Is a lien based on a fraudulent NOC valid?
FloridaMy question is related to the following.
We did a preliminary notice on an address that we thought was the location. This was to the best of our knowledge at the time.
The customer did not pay. We contacted the GC but they agreed to pay us but then changed there mind and stated that they never received a preliminary notice. Looks like the job was near the location we had our equipment at.
Do we have any recourse? Can we still move forward with a mechanics lien?
OhioWhat happens when the company pulls the permit and doesn’t inform the homeowner about the Notice of Commencement? Are homeowners just expected to know about it? The company I hired intentionally never told me about it or asked me to sign. Why wouldn’t the homeowners signature also be required for the permit? I believe much of what happened probably wouldn’t have if it was. Not only does this leave homeowners liable for paying twice, it can lead to a number of serious adverse effects. My family’s safety and well-being were completely compromised because of the health hazards from the property damage this company left behind. Without the NOC, my roof went on without a midway or final inspection. They left the permit open and refused to take responsibility for any of the damage they created when they caused my pan roof to collapse. This included a 40 foot stretch of fascia torn off my roof that exposed my home’s structure and allowed rainwater in. No one ever said anything to me about it; not their insurer nor the adjuster and I know that they knew. I started battling allergies and chronic migraines I’d never had before. Two years later, my previously healthy 6 year old dog was dead. Another year later is when I discovered the mold and I had no choice but to abandon my home of 22 years. This devastated me. I’m broke and homeless because of the entire ordeal and I’m probably going to lose my home. I’ve been trying for the past 3+ years since the day that this happened to get somebody to help me. I’m at a loss how the hell this could happen to begin with. I do have one last question though…I’d just like to know why this was allowed to happen. Why did having recourse depend on the amount of money I had when this business was licensed, bonded and insured? Suing them civilly shouldn’t be my only option when there were criminal violations as well. I later found out the people who I contacted with weren’t licensed owners as they made themselves out to be. They weren’t company employees. They were unlicensed contractors renting the owners license. There was no oversight whatsoever when their workers were busy destroying my home, not even a foreman was present. Can someone please explain how this is OK? I can’t for the life of me understand…
FloridaI filed and NOC and some of the information was changed to incorrect information. It has already been filed with the courthouse so I am trying to cancel that one and resubmit a new once since that one cant be changed anymore.
GeorgiaWe are a GC in Ohio working on a project with a NOC that has not been completed and have been awarded a second project on the same property with a new contract. Do we file an amended NOC or a new NOC?
OhioI filed an NOC and the copy I got back had information that was changed. How do I revise the NOC so the information is correct? The owner address and company address are incorrect.
GeorgiaI am a tenant/ lease holder, and have just started my interior alteration, after getting the necessary building permits. Next up is the notice of commencement, but the owner is saying they only sign commencement for their own construction work. Trying to figure out what to do.
FloridaIf the owner fills out the notice of commencement. Do they have to file it or can the contractor have to file it?
FloridaThe owner is in the process of terminating it’s current notice of commencement in order to file new one. Additionally, we as the sub have provided early notice to the owner, prior to furnishing.
FloridaWe terminated contract with GC's rep that is using GC license, due to terrible workmanship & found out that he has not paid subs for work. Initially this person said his partner, Judson Bentley held the GC license, well that is BS and he just uses the GC license. This person now has 90% of money-at least 50%of job left to complete. He is non-licensed contractor in general who voluntarily closed his corporation with the State of Florida during the job, he still cashed checks from us. He obviously did not pay taxes on this money. When we found this out, he signed a personal responsibility note for us, we then wrote checks to him personally since we were not comfortable writing checks to a Name that did not exist any longer. We asked every time we wrote a check, did you get a corporate name yet? Not yet, blamed the State for the delay. He forged my spouse's name on Permit Docs with the City, he demanded $ from us weekly to keep the job going and we have saved voice mails of proof, on May 12th, he left the job due to questions from us, the homeowners, about the workmanship when we had called the product manufacturer for input of what he used on floors, they arrived May 12th, tested, determined not used properly by non-licensed person and that the tile in the bathrooms needed removed as well. Instead of using subs, he did the floating of the floors and the tile in the showers, when we questioned the work, he said he has done tile and flooring for 30+years. He blamed the flooring product, blamed the tile we picked for the tile shotty job. We need to now jack hammer the second time, the crap he used improperly on the floors, tear out the showers due to the way he did the tile job & need to find a new GC to finish job. We since found out that he did not pay the subcontractors such as drywall, electrician, cabinet guy. We have contacted 3 of them to offer the opportunity to finish the job, offering to pay them for non-payment from this jack- - -, they have been contacted by him and now not responding to us. He did Not have Workman's Comp on workers he had on job, the General Liability Insurance is in the GC's name that he uses, and the insurance company is not giving me any info to verify the Dec page provided to the Condo Association. This guy will not release our Doors, Hardware, Primer, Paint, Quartz Countertops, Baseboards, and the guy that has fabricated our cabinets for kitchen and baths has not given a price of what is due to him, + other items we paid him for. He brought in a water heater that has a warranty card from 2016, when we asked for the receipt he could not provide one. We have a Notice of Commencement, there are at this time no leins against us or our property. The City permits under the GC end June 20th I believe. He now is very anxious for us to sign a "Hold of the Permits", which I see no rush to do for his convenience. What if anything can be done with this bad situation about this guy and am I allowed to put this info online to the public with pics of the work?
FloridaIn states where a NOC is filed (NC, for example), does an amendment to the original NOC affect any important dates which might be dependent upon the NOC filing?
North CarolinaGood afternoon, I am filling out an NOC. There is a tenant which pays for repairs, we are changing out an air conditioning unit, do I enter the tenant whom is paying for the job in the Fee Simple section?
Please advise.
Thank you.
Kimberly
aexcellentserv@aol.com
Florida