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Preliminary Notice Questions
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Preliminary Notice
All States
If I am a 2nd tier Sub-Contractor in Ohio and have requested a NOC multiple times without receiving one, should I be worried about completing my work or filing a lien, (should the project come to that)? Is not receiving the NOC actually in my favor? Also, how concerned should I be with Vendors and Subs under my Subs; are they allowed to file a lien if not timely paid?
OhioWith rentals, there is no retainage, and no total contract value as they rarely know how long they’re going to rent any specific machine; they’re open-ended contacts. What “total contract amount” and “the dollar amount of your contract that constitutes retainage” should I enter in the required fields to submit a preliminary notice?
TexasI have a project located in Ohio, but the property owner is a company located in Italy. The company does have a mailing location in the United States, but I do not have access to a Notice of Commencement for this project. Where should I send the Notice of Furnishing in order to meet the legal mailing requirements?
OhioSee above
FloridaMy company provided consultng and budgeting services for a developer. We provided a modular constrction solution. The developer chose not go modular. We have an executed agreement with them to provide our services. They owe us two months of fees. Can we lien the project?
UtahI have a monthly notice due in 24 days. I wanted to know if I can send it early.
TexasThe order summary reads:
Description of Document Ordered
In North Carolina, subcontractors and suppliers may file a mechanics lien in 2 circumstances: (1) through subrogation of the prime contractor's right to file; and (2) in response to the property owner wrongfully paying the general after the receipt of a Notice of Lien Upon Funds.
North Carolinaquestion above
VirginiaI ask this because the monthly notices are for select invoices, which do not reflect the entire balance due. If the customer did not pay us, would we only be able to lien on the amount reflected in the monthly notice value? We, of course, would want to have the ability to lien on the entire balance unpaid.
TexasI'm a supplier on a new housing development in Florida. I'm working on a lot of the units and they are all owned by the same company. Do I need to send a separate NTOs for each unit or can I send one NTO to cover all units?
If I group them together, do I just need to list out each unit on the NTO?
FloridaI have a public project in Cali that requires a preliminary notice, and that notice includes the price of goods. How much can I bump that cost that the GC and owner will see? Can we use MSRP? we don't need everyone to see our selling price to protect our customer but we don't want to lose rights on the bond.
CaliforniaOwn a fire /water/mold restoration company. We rendered water mitigation service for a home owner that is insurance based, and we have received 6 of a $12,000 bill. We have all documentation needed to prove service has been rendered. How much time do we have?
TexasMy general contractor buys the roofing materials and stocks them at his shop. He sells them to his customers when needed in portion. I am not informed about those shipments when they land at the job site. In this case, how do i prelim the job?
CaliforniaI work in Washington state. Say we get a job new job but the work will not start for three months. However, we do have plans that are being worked on now.
1. Does that current work count for the 60 days to file a prelim notice?
2. Can I file the prelim when we enter the job into our system, even if workers are not on job for several months?
3. Is it ever too early to file prelim notice?
WashingtonCan you please confirm if Louisiana requires payment terms be included in the preliminary notice? We have a customer contesting our lien rights. If so, when was this put into effect. Thanks
Louisiana