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…Read More
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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.
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…Read More
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…Read More
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…Read More
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…Read More
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…Read More
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…Read More
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…Read More
In many states, the notice required prior to filing a valid mechanics lien can be classified as either a preliminary notice or a notice of intent to lien. And, while less common, it’s not unheard of for a state to require both a preliminary notice prior to (or within a…Read More
Mechanics liens are creations of statute. This means that a potential lien claimant may only acquire, perfect, and enforce a mechanics lien as specifically set forth by the statutes that created it. South Carolina is no exception to this rule, South Carolina Code § 29-5-10 et seq., sets forth the particular…Read More