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We invite you to learn more about your lien rights.
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However, sometimes mistakes happen. Someone forgets to send a notice on a certain project, or someone decides not to send a notice for whatever reason, and then a payment issue crops up further on down the line.
And that begs the question: can you still file a mechanics lien on a project if you did not send a preliminary notice?
In fact, almost 75% of the states have a preliminary notice requirement for subcontractors. This includes most of the busiest states in the country for construction activity, including California (the entire West Coast, really), Florida, and Texas.
Generally, we have found that this confusion is a result of parties that either:
1) don’t fully understand how the lien waiver process can be used to benefit both parties; or
2) are forced into a particular waiver situation with which they are uncomfortable.
In the following article, we’re going to clear up some of this confusion about exchanging lien waivers.
Sometimes it can be difficult to pinpoint the start date of a construction project, but this problem is solved by a Notice of Commencement. This document formally designates the beginning of a project.
The main purpose of retainage is to ensure that subcontractors satisfactorily and completely finish their work, but by definition retainage is withheld on work satisfactorily performed. Not only is the practice often ineffective at ensuring project completion, but it causes a significant amount of financial problems for subcontractors, and the industry as a whole.
This is a primer to help you understand the differences between the two most common methods that people in the construction business use to send their preliminary notices, Regular Certified Mail and Certified Mail with Return Receipt Requested.
That’s because in most cases, California’s mechanics lien law requires construction companies to send preliminary notice in order to their maintain lien rights on their projects.
Borrowing Base is the total amount of collateral against which a lender will lend funds to a business. It presents a maximum cap on how much asset-based debt a business can obtain. Typically, each asset category is discounted by a factor related to the riskiness associated with that asset.
A lien waiver is supposed to work like a receipt: if a party gets paid $100k, that party waives $100k in lien rights. It’s as simple as that. Everybody is protected, and the payment process is fair.
A lien waiver is not just a piece of paper. It’s actually a legal document that has significant ramifications when executed.
Access to capital (liquidity) remains the most important area to focus on in analysis, especially on projects where slow pay cycles and cash flow could become a major concern.
When it comes to material suppliers, one constant among the laws is that a mechanics lien right only arises if your materials are incorporated into the property.