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Notice of Identification

MassachusettsPreliminary Notice

Hi there, I have the following question please: what happen, if we (Subcontractor) has signed the contract with the General Contractor (GC), with a clause that is contradictory to the law ? Let me explain please: in our contract with the General Contractor, it is saying that we have to send the notice of identification before the first invoice that we will be sending to them. However, we already sent the first invoice since july 2021 and we haven't yet start any work on the construction site and neither provide any material yet to the GC. The law is saying: ''A Notice of Identification must be served within 30 days of your first day of work. The first day of work corresponds to the day when you begin furnishing labor or materials to a project.''. So, what should we do in that case ? Can we still send a notice of identification upon furnishing labor or material and disregard the clause in the signed contract ? Thank you, Ayesha

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