What is a Notice to Owner and is it required?
A sub-contractor or material provider that was not hired by the property owner can still have liens rights by complying with the Statutes. A sub or materialman (“Sub”) that was not hired by the property owner in not in privity with the property owner, and therefore must deliver a Notice to Owner to notify the owner that it is doing work or providing materials to the project, and that the owner must get are lease from the Sub to avoid a lien. A Notice to Owner has specific language on it which is pulled from the statute and must be compliant to be effective. Also, and most importantly, a Notice to Owner must be served within 45days of the first day of work on the project or of delivery of materials, to ensure lien rights.
Who should receive a Notice to Owner?
The answer to this question requires checking Official Records to see if a Notice of Commencement has been recorded and pulling information from that document.
Perfecting a construction lien requires strict compliance with the Statutes, and Quattrochi & Torres offers a flat rate NTO and Lien Prep service to simplify the process. Contact Attorney Joe Taormina to discuss your options.