Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
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I have 1 job address but multiple cottages are being built on premise therefore that is why the NOCs have a permit number for each. I need to know the answer if we would be protected with filing 1 prelim for all 9 cottages that have one job site address?...Read More
We have a project coming up in Albemarle County. It is a Parking Garage and Sitwork with Apartment Buildings coming later. Is there a Notice of Commencement required for Private Projects?...Read More
I send an invoice to my customer and has been almost 30 days and he is not responding as per our agreement I passed the rough inspection and the payment of $15,000 need to be made by him as per our contract I haven't heard from him, and I want to know what I should do to receive my payment ASAP ...Read More
The plumber I hired had a mitigation specialist come to my house to assess water damage and I signed documents for them to run a claim through my home insurance. Within 48 hours they wanted to demo my kitchen and bathroom before my claim was approved. I emailed company and called stating I wanted their equipment removed from my house and no longer wanted them to work on my home. I received a 20 day preliminary notice. I am in AZ. What does this mean? Should I be concerned that they have a lien on my house? I asked for a detailed invoice, but have not received it. The preliminary notice states $3000 for equipment and materials. What do I do?...Read More
We were hired directly by a public school and we went to send a preliminary notice and found out that's not possible since we're technically the GC in this situation. We just want to make sure that we're not going to miss any timelines in case getting payment becomes a problem later on.
Is there anything we should do to ensure payment?...Read More
We are a general engineering constractor in California working for a general contractor on a project we started in 2021. At the time the project began there was no lender but we have been notified recently this has changed. I understand there are issues and concerns with updating or amending a notice after the initial 20- day period has expired but with both a significant changed in contract scope & total along with there is now a lender on the project is it advisable to send a new preliminary notice? And if yes, how would I go about doing this?...Read More
Am I able to file a lien on a property where the tenant filed a Notice by Landlord That Property is not Subject to Construction Liens Pursuant to F.S. 713.10? If not, what would be my course of action be to protect said project?...Read More
We are a material supplier in CA and we are providing material for a job in Canada. Am I required to send a preliminary notice to secure our rights to lien if necessary? Project value is around $32,000. I understand you do not provide notices to Canada, but wanted to see if you can help me with the law. I am a current customer. ...Read More
I asked a similar question earlier, but I don't think my question was very clear. We are an aggregate and ready mix supplier. A customer placed an order with us but provided the wrong address. We delivered to one address (the actual property that received and used the material) then sent a preliminary for a different address. The properties are very close. We believe the customer did this to prevent us from properly establishing lien rights. It does not appear the customer owns the correct property, but is the general contractor. What are our lien rights under these circumstances?...Read More
We had a change order which increased the total amount of project. Would we submit a new Prelim notice for the new total or just for the change order amount?...Read More
1. Is a 20 Day Preliminary Notice required for work on a PUBLIC high school (commercial project)?
2. Is a 20 Day Preliminary Notice required for work on a PRIVATE high school (commercial project?)
Thanks
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