We are the GC hired by the tenant to build out their space that is owned by a Landlord owner. It has been 90+ days since substancial completion can we still file the NOC and can the GC sign as property owner?
Before you decide to record a NOC, you should determine why you are doing so (e.g., a contractual requirement)? If it has been 90+ days since substantial completion, is it possible that a NOC filed now would be untimely anyway? By doing so, will you give suppliers and subs a second bite at the apple and extend their time to record a lien and make other claims?
Here is Civil Code section 8182:
(a) An owner may record a notice of completion on or within 15 days after the date of completion of a work of improvement.
(b) The notice of completion shall be signed and verified by the owner.
(c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include all of the following information:
(1) If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in Section 8186, the name of the direct contractor under that contract and a general statement of the work provided pursuant to the contract.
(2) If signed by the owner’s successor in interest, the name and address of the successor’s transferor.
(3) The nature of the interest or estate of the owner.
(4) The date of completion. An erroneous statement of the date of completion does not affect the effectiveness of the notice if the true date of completion is 15 days or less before the date of recordation of the notice.
(d) A notice of completion that does not comply with the provisions of this section is not effective.
(e) For the purpose of this section, “owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of completion is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section
This link may contain some helpful additional information as well: https://www.levelset.com/blog/what-is-a-notice-of-completion/
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