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Preliminary Notice Questions
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Preliminary Notice
All States
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?
MichiganWe are a General Contractor working on building a hotel in Montana. Do our vendor's 2nd/3rd tier subcontractors need to file preliminary notices?
MontanaI hired a mold damage remediation company. They have failed to provide the certificate that the unit is now mold free. Now they are threatening to file a lien on my property. Without that certification that the unit is mold free I can niether rent or sell the property.
ArizonaWe gave a windows and door company half of the project $ amount for them to order the doors and windows. We just received a notice of furnishing from the manufacture. Should I be concerned?
ArizonaThe job is completed everything is good I paid my contractor and they paid their supplier and sub but I don't want them to even be able to file a lien on my home if they wanted. If I don't get a release will they always have the ability to file a lien?
CaliforniaI am concerned that being a Sub-contractor on commercial private and Public projects ranging in the millions we would have substantial documentation if we do not file with the CC. This is whether or not the Preliminary is required by a certain state or not! looking forward to your prompt response. Thank You!
GeorgiaMy boyfriend hired guys to paint a house and do some woodwork.. this lady is accusing my boyfriend of things that are not true. Like saying that the paint is too thin and there are 2 shades of paint that is a shadow. The guys he hired did do a bad job on some woof work, but he offered to fix it. This lady might be taking him to court. I'm not sure why she has so much anger in her! But, she cussed him out!
TexasMy parents are in a small dispute with their contractor. There is no formal written contract - only a bid and then an oral agreement to proceed. There is a disagreement on the final amount owing so work has stopped and they have just given my parents a preliminary notice - this is after they have contacted an attorney, my parents have countered with a settlement etc. And of course, work started back in December. From what I read, am I correct in that because 1 - they did not have a written contract and 2 - they did not send the preliminary notice within the first 8 days of getting started, the contractor and his subcontractor will not be able to actually place a lien?
OregonI paid my contractor for a couple of progress payments and received a prelim lien from the supplier. The contractor has not paid either the sub or supplier.
Do I need unconditional waiver and release on progress payments from both the sub and supplier or just the supplier?
Also would I need to issue a conditional final payment release to just the supplier?
CaliforniaWe have a customer that is hauling approximately 1,500 tons into our Landfill, estimating $ 102,000.00, I created a prelien with an estimate of $ 120,000.00, but they still keep on hauling more material into our site, so far they have a balance of $ 126,000.00.
I would like to know if we can prelien the job for a higher amount of what they estimated, please advise.
Thank you,
Nancy Rodriguez
CaliforniaI am the home owner and had a contract with Safeguard Roofing , which has been paid in full. I received this notice from a supplier of Safeguard roofing. How can be held responsible if Safeguard does not pay a bill when we the home owner has fullfield our obligation by paying Safeguard in full?
FloridaI hired a contractor to do remodel of my laundry and bath in my house. We had no contract, but he gave me a bid of work that I agreed to, but didn't sign. We had a verbal and written agreement that if he was not going to come to work daily and give full day's effort, that we would settle up and part ways at that point. 1 and a half months into a 2 week project, the contractor failed to show up for 2 days and we decided to fire him. I paid for all the materials during the job and gave him 3 different money draws to help him rent equipment and pay his subs. He is threatening to file a lien on my house, but we didn't have a contract and he broke his agreement of working every day. The contractor also did not give us a Preliminary Notice before starting the job. So, can he file a lien on my home?
OklahomaHi! We are a paving subcontractor in Georgia. We are working in a subdivision with different phases and contracts. We filed a Preliminary Notice of Lien Rights for Phase 1. The builder was unable to complete house closings due to the Preliminary Notice. We got paid and released the notice. We are now working on Phase 2, which is a separate contract, but the same subdivision, and want to file a new Preliminary Notice of Lien Rights for Phase II. However, we don't want to interfere with the house closings in Phase 1. What can we do to protect ourselves? Thank you!
GeorgiaHello, my company is having trouble collecting on a 5 month past due account in the amount of $90,171.66. We have made multiple attempts trying to call the owner and several different other people that pertain to this project, but as of yet no response. We have not sent any prerequisite documents (Conditional Waiver or Prelim) but do need to move further with this account. It has been 5 months past due, we are aware that we have way passed the 20 day Prelim deadline, would my company still be able to file a Preliminary Notice for this project? if not, how would we be able to go about securing our mechanic lien rights?
CaliforniaI'm GC who did NOT send a prelim notice for a project and now wondering how to collect on unpaid balances.
California