Project Awareness Letter Form

Question 1

Late Preliminary Notice – What Happens?

Answered by Alex Benarroche | Legal Associate

Answer

A Montana preliminary notice is an absolute requirement for anyone who didn't contract directly with the property owner to secure the right to file a mechanics lien. Exactly when this notice needs to be sent, depends on the type of project. The general rule is that notice needs to be sent within 45 days of first furnishing labor or materials to the project. If, however, the project is an owner-occupied residential property, the time to serve notice is reduced to just 20 days after first furnishing. A Montana preliminary notice can be sent late, but it will limit the amount of lien rights available. A late notice will only cover the value of labor or materials provided in the 45/20 days (whichever is applicable) preceding the notice, and everything thereafter. So even if you've missed your notice deadline, it's worth sending a late notice anyways. That way you've secured some lien rights, as opposed to none. Here are some other resource you may find helpful:

Question 2

Should I file an Intent to Lien?

Answered by Peter Ryan | Attorney

Answer

A notice of intent to lien in not required in California. The only reason to send one would be to attempt to apply pressure without the cost of recording and eventually the cost of releasing a lien.

You may be eliebile to file a lien if you performed work to improve the property and you either:

-Had a contract directly with the owner;

-Served preliminary notice within 20 days of commencing work;

-The owner had actualy knowledge of your work.

If you are eleible, you must record your lien within 90 days of project completion (by all trades) absent a notice of completion or notice of cessastion. If the project was not completed, a cessation of labor for 60 contiguous days also consistutes completion for lien purposes, triggering the start of the 90 day deadline.

If a notice of completion or cessation was filed, then you have 60 days from that notice if your contract is directly with the owner and 30 days from the notice otherwise, to record your lien.

If you require legal assistance email me a ryan@huntortmann.com to schedule a free consultation.

Question 3

Notice to Owner

Answered by Alex Benarroche | Legal Associate

Answer

The manner in which a Florida Notice to Owner should be mailed is outlined in Fla. Stat. §713.18(1)(b). Under this statute, the notice needs to be sent "by common carrier delivery service by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format." In states that require "return receipt requested," this is explicitly mentioned in the statute. Which it does not in Florida. Furthermore, subsection (1)(a) of the same statute mentions service can be made by "actual delivery," although without some evidence of actual delivery this could prove challenging. Obviously the safest bet is to send with return receipt requested. However, as long as you maintain an electronic tracking record generated by the USPS that has the tracking number, the name and address of the recipient, and the date of receipt from the USPS the service should be sufficient. Here are some other resources you may find helpful:

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