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Preliminary Notice Questions
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Preliminary Notice
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We were hired by the tenant of a property who also seems to be the GC, as their project manager is organizing all of the work. We sent the preliminary notice certified mail, however; each time it is sent to the tenant/GC, it is returned. Is my preliminary notice invalid if the GC refuses the mail?
CaliforniaWe sent a NTO out through Levelset for a project and we did not have the name of the GC at the time. The request for info per FL 713.23(1)(b) was included at the bottom of the notice. The notice was sent to the correct property owner. We did not receive any info from the property owner about the GC. We subsequently identified the GC on our own as we ordered our Notice of Intent. The GC is saying we have no right to lien because they didn't receive the NTO.
What is our next step? Does that FL statute protect us in any way, preserve our lien rights, if the property owner doesn't send us the requested information?
FloridaThank you
CaliforniaI remodeled a home for a property owner who lives in California but is purchasing homes in Texas to make rentals I took care of the project completely meantime communicating daily with the home owner she sent incremental payments throughout the job as I was purchasing all materials and funding project as well when I finished I sent her a bill for the remaining amount due she then said she wasn’t happy with some things and I ask like what she sent 6 photos and said there is other things to I said well send me all items and i will be there 2 days from now and I will fix all the things your not happy with so two days later I let her know I’m heading there and haven’t recieved any other items so I assume there wasn’t anything else I sent photos before during and after repairs were made and no response so again I requested final payment she says i have To wait for my property management guys to walk the property this has beeen 4-5 weeks ago now she told me yesterday I’m waiting on property management company to give me numbers on repairs I haven’t forgotten you I replied numbers? I’m not sure what you mean I asked you for a list of any issues I repaired the things you gave me were wrong I said o would take care of anything your unhappy with and you haven’t sent anything and once again no response so she owes a remaining balance of 7,387.65 what can I do or would I at least be able to recover the money i spent on materials the remaining amount out of pocket is 1,987.21.. unfortunately I’ve been doing this for 10 years and have never not gotten paid so I was oivious to lein laws
TexasI have noticed some discrepancies on your website. For example on this page about Indiana, it suddenly switches to Illinois. Also there is some discrepancy as to whether it is sixty days before work is started or sixty days after it is complete. Does not inspire confidence.
IndianaAs a factoring company, Evergreen must send a Notice of Assignment letter to the account debtors associated with factored invoices. The letter indicates a financial relationship between Evergreen and the sub-contractor; the sub-contractor has assigned all of their accounts and contracts receivable to Evergreen and that all payments owing to the sub-contractor must be sent to Evergreen. Options given for mailing address and electronic payment to Evergreen.
This notice is on Evergreen's letterhead and is signed by an officer of Evergreen and our client (the sub). In other industries outside of construction, we normally send this notice through registered email which provides a proof of delivery receipt.
Can our document be included with the PN and if so, is there proof of receipt available?
LouisianaHello I'm trying to work on my very first project on Levelset and have a couple questions. Based on the information that I've put in, my project does net require a notice to owner. In this case, what should be my first step?
FloridaIf I am a supplier of construction materials do I have to send the 20 day preliminary notice in order to have the right to file a lien later? If the 20 day has passed but I am still within the 120 day period do I as the supplier of materials still have the ability to file a mechanics lien?
Arizonaour attorney placed the case with LevelSet for preliminary notice associated with huge project in Nevada. in California, an amount is normally entered on the paperwork and sent to customer, is this the case in Nevada? please advise
NevadaAfter looking at Iowa's preliminary notice requirements - I would expect that, particularly on larger projects, prime subcontractors would almost always have provided that basic info (name, address, and phone) to the GC on behalf of their second-tier subs. Assuming they didn’t, the Iowa statute (572.33 sub 2) appears sufficiently vague to cover just about any single correspondence the second-tier sub would have with the GC (submittals, statements of value, invoices, heck…even email signatures). Wouldn’t you agree?
IowaWE RECEIVED THE FOLLOWING RESPONSE FROM AN OWNER:
"The document lists two property owners: Stone Bros Management and HPC Stonecreek Investors, LP. HPC bought the property from Stone Bros so Stone Bros should no longer be listed as a property owner. Secondly, the mailing address for HPC is 18321 Ventura Blvd #980, not 18301 Ventura Blvd #980. Finally, please write HPC 's name as HPC Stonecreek Investors, LP."
CaliforniaMy company provides floor coverings. One of our sales people has sold a job (with some labor) to a local contractor. However, the property being built on is in an adjoining state. There are a number of units being done, and tens of thousands of dollars involved. How can we pre-lien an out-of-state property?
UtahI am doing a commercial job. Almost 4 months into the job now.I have gotten played for 3 draws but on April seven he said he could only pay $35,000 of a 79,716.35 invoice of work already done. He said that thats all he had in his bank account. He told me he would get the loan for the balance in one week. It's been over two weeks and now he says next week.
Arizonahow do i get notified that the client received the preliminary notice?
CaliforniaWe will be filing a lien on a Texas project as Assignee of a subcontractor who has a contract with the general contractor. The subcontractor is a domestic Texas entity but we, the Assignee, are not.
Which preliminary lien notice should we file? The project began in February and we intend to file a mechanic's lien shortly.
Thanks.
Texas