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Preliminary Notice Questions
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Preliminary Notice
All States
We are a Subcontractor primarily working within CA, but we now have a Washington Branch. I see the Preliminary Notice requirements are quite different. I have a couple of questions.
When we have a Subcontract with the General Contractor for commercial work over 60K, do we need to submit a Model Disclosure Statement? If not, why is the requirement for less than 60K, but not over 60K?
Also, the Washington Notice To Owner (Preliminary Notice) which reserves our right to lien. Is this sent for every project no matter the contract sum? Is there a different process or forms if we are contracted with the Owner vs. the GC? Are there different notices depending if the project is Private or Public?
Please advise.
WashingtonWe completed work on a project back in November which we have yet to be paid on. We did not pre-lien this project. However, this project is at the same location and related (but with a separate T&M agreement) to four other projects that we have submitted a pre-lien and filed a lien against. Would it hurt to combined this unpaid amount to one of the liened projects?
NevadaI'm the material supplier for a private job in Alabama furnishing a subcontractor. I a notice to owner in advance of furnishing to obtain a full price lien. The law says the owner can avoid responsibility for a full price lien if it provided a notice before the material is used that it will not be responsible for the price of the material. Does this let them off the hook of a mechanics lien as well? There's no information provided that appears there is a tenant involved, as the owner is contracting this work done.
AlabamaWe are a General Contractor preparing to start a project in Little Rock, AR, where can I get a notice of commencement for Arkansas?
ArkansasWe do work, on malls for example, and will come back several years later to do maintenance work. Would this be considered a new job, or would it be covered under the original preliminary notice?
WashingtonWe are typically hired by a purchasing agent who ultimately has no financial responsibility for our services. The purchasing agent is typically hired by the owner or general contract for the hotel. Then that purchasing agent contracts with us to make and install window treatments for the hotel. The owner or gc will fund the purchasing agent who then pays us.
For example, for our project Townplace Suites in Orlando, Fl, the preliminary notice was sent to the purchasing agent (Purchasing Dimensions) via certified mail and not the property owner. What are we doing wrong in LevelSet when setting up the preliminary notices to owner?
Floridai have filed the notice to lien and unpaid balance. i see you sent to homeowner and bank. when will it be recorded?
when or how do i then get docs to arbitration?
New JerseyThe property owner is asking who the lien agent is. As the supplier to the GC, is this my responsibility to know this information or does it fall on the property owner?
North CarolinaHello, we were hired by the Management Team to replace gutters at a community on all of their buildings(exterior of all buildings). This is an older community that just needed some upgrades done to their buildings. I'm new to Levelset and just learning my legal steps to cover me. I'm 42-43 days in from start day at this job site and need to send my NTO asap, however I'm not sure if this is considered a Commercial or Residential Work. Based on my personal reseach, it looks like the management company is also the one listed on the property mailing address.
I would appreciate any direction.
Thank You
FloridaIn the state of Nevada, is a subcontractor hired by a Prime Contractor hired by a General Contractor hired by a homeowner, required to file a prelien?
Or is the Recovery notice given by the Prime Contractor all that should be done and as a subcontractor, we do not file a NOtice of Right to LIen?
NevadaIf a pre-lien is sent to the home owner via certified mail and USPS lost it, is the pre-lien still valid in the state of Wisconsin? How should you proceed?
WisconsinWe're the General Contractor on a project in Nevada; do we need to file a Pre-Lien or Right to Lien in Nevada.
Thank you.
NevadaWhat if I didn't send a Model Disclosure Statement to my client in the beginning of the job in WA state but I did send a Preliminary Notice after the job. Do I still have lien rights to file a Mechanics Lien?
WashingtonWe sent a Notice to the Lien Agent, which is causing the property owner some concern. First, he thought it was an actual lien and wanted to understand why the notice was sent and who the lien agent is. I was able to reassure him that it was just a notice. However, although our payment from Cape Fear Solar is not due until June, the owner is refusing to pay them until they pay us so that he can guarantee his project will not be subject to a lien. He said they are a non-profit organization and he needs to protect himself.
I tried to explain that he is required to pay Cape Fear per their agreement so that Cape Fear can then pay us as the supplier. This did not go over with him.
Do you have any suggestions on how I can properly resolve this with the owner?
CaliforniaHi ,
I have a customer that has stopped communications with us , i have an invoice from 10/25/19, the last contact with Platinum Paving was 3/9/20
we didnt file a prelien. Can I still file a lien on this project
Nevada