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Preliminary Notice Questions
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Preliminary Notice
All States
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?
CaliforniaI have several contracts that were entered prior to January 1, 2022. I recently invoiced materials that have yet to be paid for these contracts. Am I required to send a Second Month Notice for these projects since the original contract was entered in before 01.01.2022? We have been told that we have to send Second Month notices on any original contract entered prior to 01.01.2022 but today a Levelset rep stated that no we do not have to send second month notices and we feel as though we are going in circles and keep getting contradictory information. We want to know for whom do we have to send second month notices to (bonded/non-bonded/contract entered date etc.) We provide pipe, valves and fabricated materials for underground water and waste treatment plants.
TexasI'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?
CaliforniaI'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?
CaliforniaHello,
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!
CaliforniaNon 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.
CaliforniaI have already filed both the "Notice to lien agent" and the mechanic's lien; should I also file a "lien on funds?"
North CarolinaMy company is a General Contractor providing development and engineering services to four projects of a solar developer located in different counties of South Carolina. The developer holds each of those sites under option at this point and we have provided various services including land assessment, engineering, environmental assessment etc but no physical labor. I have tried sending out a notice of intent to lien to the developer for each of these projects, but Levelset shows that no product is available for that. I'm not sure why it shows like that or if there is a different document that I need to send to the developer to recover my dues. Please advise.
South CarolinaWe are the Prime contractor for a project in Florida for an airport. We are in the process of negotiating our subcontract agreement with them. The potential subcontractor has started some administrative work on the project, even though they have not signed the contract yet. However, one of their subcontractors issued a preliminary notice to us and the owner of the project already. Are they allowed to do this? Even though there is no agreement in place between the main sub and us yet?
FloridaI need to file a lien - does this include a lien rights notice?
WisconsinWe are a subcontractor who finished working on the job site in December 2022. I have sent a Preliminary notice to the people at the job site and the owner of the building. What can we do now or is there something we can do to enforce our rights?
MinnesotaWe have a contract with a School District for a project that has eight (8) different schools/locations. The contract is one lump sum and pricing is not broken out per school. How do we proceed with our preliminary notice filing? Do we do one for each school - but we would not be able to break out price for each school or do we just list "various locations" or do we do it under the School District address? We are in California - your drop down below where you put the state is not working.
CaliforniaWhen does the 20-day preliminary notice for a subcontractor providing materials to a project begin? Upon drawing work or on the date the materials were actually delivered to the site?
UtahCan I file the lien if they responded to the NOI that they want to go through CSLB to negotiate?
CaliforniaI am several days past the period when I would have needed to have filed a bond claim. I have not filed any other documents on this project such as a preliminary notice or a notice of completion . The hiring party is the General contractor and I am a material supplier. This is a state/county job.
California