Hawaii Preliminary Notice FAQs

You should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to demand the relief that you want. Attach your invoice for what you are owed. Make sure that your letter is professional and business like as it may be evidence later. You should provide the owner and contractor with a certified mail notice of non-payment with a request that the owner trap funds, and with a request that the owner withhold retainage from the contractor. Retain a construction attorney to determine whether or not you have mechanic's lien rights. Good luck.

If in Florida, you'll want to send one for each property because each owner needs to know you are working on their property if you ever want to lien. If the product is considered a custom made good then arguably the 45 days begins to run with the pre-work.

Some professional services may give rise to a construction lien, but furniture leasing and house staging are not within that statutorily defined group. If you have not yet recovered your furniture you should see a lawyer about that process right away. Besides recovering the furnishings it seems that your remedy would seem to be a lawsuit for breach of contract damages (nonpayment for services). To give yourself financial protection in any contract always include a clause that says: "The prevailing party in the enforcement of this agreement may recover its attorney's fees, including legal services to determine the amount of fees to be awarded."