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Preliminary Notice Questions
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Preliminary Notice
All States
We sent a prelim out in California at the start of a project, but were missing both lender and GC info. Fast forward almost a year, and we now have the GC info, and there are several past due invoices. We are wondering if we should send the notice out the GC now, and if that will give us additional protection here or if that could potentially narrow any lien rights we already have.
CaliforniaThe GC who has a contract with the ownership group for a $4.5m senior living facility ( and he also happens to be one of the owners ) has a contract with me to provide construction consulting services for $50,000 and has paid me $15,0000 after loan closing to start construction last fall, is now refusing to pay the remainder of the money owed to me even after I completed my work due to the fact that his contract with the ownership group states if he is over budget he is not responsible for the overages but will not get paid any additional GC money. But the fact is he is not acting as a GC, he is actually an owners rep because he is not guaranteeing the overages which are over $1m dollards,, yes he totally underestimated the cost of the project because they did not want to get final bids and engineered plans until AFTER the construction loan closed. But my contract with his GC company does not state that if he doesnt get paid, I dont get paid so technically I am still owed my money and can file a contractors or professional lien against the building which he is part owner.
WisconsinWhen putting in the "Date Labor or Materials First Delivered", should I use the date that our office very first begins detailing the project (in which we are paying for labor to our detailing employee), at the time the materials are delivered to our fabrication shop and "shop labor" begins the fabrication process, OR NOT until materials and/or labor occurs ON SITE (upon installation)?? Please advise. (While I am entering NM state below, I am really curious how to answer this question nationally, since our projects are spread out all over). Thank you!
New Mexicowording on contract: Per North Carolina law, it is the owners responsibility to secure a Lien Agent and to provide Lien Agent Entry Number.
North CarolinaHI Id like to know how to send a Prelim to a HOA condo with 30 units.
CaliforniaNot sure how to order a Notice of Right to Lien when the project is in the streets of a residential subdivision with 100's of homeowners. There is a Homeowners Association. Who should receive the Notice?
NevadaTexas based company is doing work on a private job in Tennessee. The contract states that the agreement is governed by the laws of the state of Tennessee. Texas requires a notice of retainage but I can't find any requirement for Tennessee. Should I send one anyway based on the Texas requirement?
TennesseeGeneral contractor has not paid us in two weeks. We have been working since 03-13-18 and now for the past two weeks he has not paid us(he is supposed to pay every week) per contract. Our contract ends today 04-14-18 and we don’t know where to even start, we are scared because we owe these workers and we are left with no money. He owes us $31,570.00
TexasMy neighbor owns a construction business he started about 30 years ago. The last couple of years has been a struggle for several reasons; his wife became very ill; projects were completed but not tracked for payment so he has both old and new debt that he wants me to help collect. His office manager of many years retired and the replacements have not worked out. I have some experience in debt collection but not construction. He has not been successful in finding the right person for this job and he is convinced I am the person that can turn this around. And, I think I can certainly do more than is being done but I need to know the most efficient and law abiding process to get cash flow to his company. Since some of these debts are up to 6 months past due can I still start the collection process with the Preliminary Notice.
TexasThe sub is contracted through us for a TX project. They have not issued the required 2nd and 3rd month notices. Do they have a lien claim without this? They have a supplier that is owed and has not issued their notices as well. One invoice from Nov. is on their claim, which they should have send notices on and filed their lien by March 15. They have not lien rights for this claim correct? Do they have any other recourse that could affect us or our contract with the owner? The other invoice is from January, which we are just being made aware of now by them contacting us. Still no 2nd month notice. Does the letter suffice as their notice and if so ensures they have a lien claim?
TexasCan we send out Preliminary liens for our Engineering phase? We have two phases 1) Engineering and 2) Construction. I’d like to send one preliminary lien to cover the entire project. We work in two phases and currently have two contracts for each phase. We are thinking of having one overall contract and adding an addendum when 2nd phase construction begins.
CaliforniaShould I still send out lien notices to a contractor who has already filed bankruptcy?
TexasWe are based in Florida but currently have a job in Washington state. The NTO I sent was a Florida form and now the Spokane airport has paid the GC, but prompt payment has not been issued to us (sub-subcontractor). The only property we can lien in the airport, even though they have paid, but I want to make sure 1. we are legally able to since I filed NTO on a Florida form and 2. which intent form to send the airport - the Florida one or the Washington state one, since the Florida NTO was filed.
WashingtonMy company installed Hardi Board Siding on a commercial project. The final payment for my services is 55 days over due. We were unaware of a Notice of Furnishings as we have only dealt with residential projects before and have never had a problem with payment. What are my options at this point? Thank you!!
MichiganMy company works as the general contractor on residential projects in New Jersey. Can you lay out the order of the steps we need to take in order to secure and claim our lien rights?
New Jersey