Hello! We are uPVC windows and doors supplier, and we are working in 20 states all over USA. We are delivering windows under main agreement with client within few months, and if client need something additional we sign additional agreement (or client change order) and we are delivering additional orders paid by client until project is completed. My question is regarding last delivery date, which date should be our last delivery date for Lien purposes, when we delivered main order last container or we can extend this to when we delivered last additional order paid by client? If this depends from state to state, could we get somewhere a list with states specified? Thank you!
Thank you for your answers.
But in PA I read that Punch list items do not extend Lien deadline, is that true?
Our clients sometimes hold final payment until punch list is completed, so our payments are delayed and we are still delivering materials.
Thank you for answers.
I will add few more as we already filed the Lien.
1. In our purchase agreement we have owner listed, but Levelset added one more company as owner. Is that okay if we listed two owners on the Lien?
2. Which date on the Lien should be under "Date from which interest on the amount of claim is claimed" - I added our last delivery date here, is that corret?
Thank you
Hello,
Actually, our last delivery date was 10/07/2021, and client owes us for this delivery $1,550.59, for delivery from 09/27/2021 - $445.37 and our main not paid invoice from delivery made on 05/20/2021 - $53,050.20. We calculated 150 days from last delivery on 10/07/2021 and it is 05/10/2021 - our last day covered. We submitted Lien, and to the date "Date from which interest on the amount of claim is claimed" I added 05/20/2021 - our main not paid delivery date. Could you please check is this is correct, just want to make sure our Lien is filed correctly.
Thank you very much
Steven,
Thank you very much for your insights on this, looks like VA Lien law is complicated.
Preliminary notice 43-11 was sent 09/30/2021 to client and owner.
Notice of intent to Lien was sent 10/5/2021 to client, Levelset do not show that we should send this to owner, or that Notice of intent to Lien is required. Are you saying it is otherwise?
Post Work 43-11 Notice to owner was completed in Levelset 11/19/2021 ( if last delivery was 10/07/2021, we sent 43 days after last delivery, because we thought we will deliver one more order but we put it on hold becouse of non payment). Levelset shows this document as required and 30 days deadline to do this. Do you know if this notice is recorded somewhere within a state?
Lien deadline in levelset is 90 days from last delivery, so we filed Lien on 12/02/2021 when our last delivery was 10/07/2021, so we submitted 56 days after last delivery.
Looks like Notice of Commencement was not filed - I checked here by project name https://www.pa.gov/dgs/state-construction-notices-directory/search.
Thank you a lot!