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Notices to Owner — also known as “pre lien notices” or “preliminary notices” or “NTOs” — are sent by construction project participants at the start of construction or supply work to provide other parties notice that they are working on the project. The term “notice to owner” is most commonly used in the Southwest, in states such as Florida and Georgia, where the term “notice to owner” is used within the statutes to identify the construction notice delivered to promote jobsite transparency and to protect lien rights for subcontractors and suppliers. Notices to owner do not create any mechanics lien or bond claim rights, and do not impact the property’s title in any way. While lien rights are not created by these notices, they may be destroyed, as not sending a NTO can be fatal to a party’s attempt to later file a lien or bond claim. The notices must typically be sent by certified mail, certified mail return receipt requested, or by registered mail; it being important to send the notice to the correct parties in the correct method.

Securing Lien Rights in Florida: A Fact Sheet

Securing Lien Rights in Florida: A Fact Sheet

The protection of a mechanics lien is broadly available in Florida, but securing lien rights in Florida can be tougher than in other states. Florida has strict Notice to Owner requirements that apply to most lien claimants who provide work on private projects. Failure to send a required Florida notice to owner (preliminary notice) within […]

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New York Lenient On Notice Requirements

New York Lenient On Notice Requirements

Notice requirements can make or break a mechanics lien, depending on the jurisdiction your in. Content, timing, delivery. Each state has their own requirements for you to follow concerning different types of notices. Some states are very strict when determining whether a party complied with these requirements. Other states look for “substantial” compliance. New York […]

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Engineers Not Provided Notice Exemption In Oregon

Notices are annoying. We all know it. Having to consistently keep up with deadlines and requirements. In some states, it is downright exhausting, but there is a reward for your efforts. That reward is a perfected mechanics lien and full lien rights. On the other hand, if these notice deadlines and requirements are ignored or […]

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Washington Notice to Owner: The Why, Who, What, When, and How

WHY send a Notice to Owner? To protect your mechanics lien rights! Washington has nuanced rules and requirements regarding the sending of preliminary notices. Most parties on private construction projects are required to submit a Notice to Owner in order to protect their mechanics lien rights. WHO must send a Washington Notice to Owner? And to […]

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Preliminary Notice Best Practices

Preliminary notices can be the glue that holds a lien policy together, a tool to provide or obtain information, and a necessary part of the financial security and payment process on construction projects. However, despite these incredibly important tasks, preliminary notices and the sending, receipt, and management thereof, can raise questions and concerns for construction […]

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Mechanics Liens Get The Owner’s Attention

Lien and bond claim secrets and myths

Subcontractors and suppliers can be unknown to owners during construction projects unless a problem arises. Typically, they do not report directly to the owner, but when a subcontractor or supplier files a mechanics lien, they certainly get the attention of the owner. Filing a mechanics lien is a power tool that can pressure an owner to […]

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What You Need To Track When Sending A Preliminary Notice

How to Actually Mail A Notice to Owner

Thousands of times every day, contractors and suppliers prepare and send a “Notice to Owner” or “Preliminary Notice.”  Typically, a supplier or contractor will prepare and send the document in-house, or the company will rely upon a “notice service” or a SAAS technology product, like zlien, to transmit the document. Regardless of how the document is prepared […]

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Florida Notice To Owner Senders Can Rely On Available Information

No Psychics Needed to Find Construction Data

There are components of Florida’s Notice to Owner requirement that are very strict.  We explored a few “gotcha” situations in the article “Florida Notice to Owner Mistakes That Can Kill Your Mechanics Lien Rights,” which included mistakes such as sending the NTO too late or too early. One area that causes a lot of unnecessary worry […]

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How To Send A Notice To Owner – Certified Mail, or Certified Mail Return Receipt?

How to Actually Mail A Notice to Owner

Sending a Notice to Owner is a complicated affair. The document has a lot of criteria, such that contractors and suppliers must, within a certain period of time, make certain that they are sending the correct form with the required information to the appropriate recipients. Importantly, however, a notice to owner must be mailed in a certain way. If a mechanics […]

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5 Things To Know About Florida Mechanics Lien Law

Florida Mechanics Lien Law

Parties looking to file a Florida mechanics lien must comply with Title 40, Chapter 713, Part I of the Florida Statutes. While mechanics lien law can be quite complex, we’ve boiled down the essentials of protecting lien rights in Florida. This post outlines the top five things you should know about these laws to preserve, perfect and […]

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