What notice must be given for a construction lien

What notice must be given for a construction lien

Q.

What notice must be given for a construction lien?

A.

Let’s take this question from an owner’s perspective first. The owner’s contract with the general contractor typically has language in it, in caps (capital letters), or it should have language in caps, that says your property could be the subject of a lien if someone’s not paid. So that’s the first warning, and it’s a written warning.

Now, those who are not in privity with the owner might send you a Notice to Owner (NTO). Paraphrasing, an NTO says, “If we don’t get paid, we can look to you and your property to get paid. We could put a lien on the property.”

A contractor that has a direct contract with the owner does not have to give the owner a Notice to Owner – that’s because the owner is already aware of that contractual relationship.

Now, if a lien is filed (aka recorded) in the county where the property is located, the lienor shell serve a copy of that claim of lien to the owner within 15 days of its recording.