You should file a Notice to Owner to protect yourself and your business financially and to preserve your construction lien rights.
How does a Notice to Owner protect you? First, ask yourself these questions:
- Are you a material supplier, laborer or contractor?
- Are you supplying materials to or doing work on a construction project?
- Do you want to improve your chances of receiving proper payments?
If you answered yes to those questions, then you should file a notice to owner to help protect your company and your lien rights. The notice to owner is your defense on the following scenarios:
*What if the owner pays the contractor, but the contractor doesn’t pay you?
Once the owner is served with a notice to owner, they are required to get a lien waiver from you stating that your company has been paid before they pay the contractor. This ensures proper payment, and also helps to get you paid timely since the contractor will not get paid until you do.
*What if the owner doesn’t pay the general contractor who then cannot pay you?
When you file a Notice to Owner timely and accuratly do not get paid on the job, you can lien the property within 90 days from your last day on the job and use it as leverage to get your payment. If after filing the lien, the owner is still not paying then you may foreclose on the lien within one year of the date of the lien.
*What if you think you were hired by the owner of the property (privity), but you are not sure?
Sending us your notice to owner request enables us to accurately identify the true owner of the property and notify them that you are working there. This secures your lien rights and puts the responsibility in the owner’s hands to make sure that the tenant pays you.
Notice to owner is a valuable tool, however, it can be time consuming and confusing for you to prepare yourself. Let us help you. We have the expertise and resources to get your notice done accurately and timely, at an affordable price. Contact us today at (407)299-7491 ext 122.
