Why do we have to pre-lien
A. A preliminary notice
represents the interests of the owner because it is intended to
give him advance notice of the identity of those who have potential
claims against his property. This also guarantees the laborer or
the material suppliers that the owner will make certain all work is
paid for before a release is issued.
Who gets notified?
A. All parties who are
documented on the preliminary notice get notified, contractor,
owner, lender, and bond company.
What happens if the full
address is not submitted with the request?
A: As long as there is a
jobsite, jobsite name and original contractor, we can locate the
legal address. If at the time of the preliminary notice there is no
established address a best possible address will be used.
Who must give the
A. All equipment renters,
subcontractors, suppliers, and original contractors must file a
What if an employee submits
the wrong information?
A. If an employee submits the
wrong information there is nothing we can do. We pre-lien what is
given to us, we can not assume responsibility for that mistake. It
is highly recommended that you and your office personnel check the
confirmation that is sent back to you.
What happens if the owner
fails to furnish information to the requestor?
A. Failure of the owner to
furnish information does not excuse any claimant from serving the
notice although it does stop the owner from raising any defense
against inaccuracy of information.
Do Mechanic's Liens and
Pre-Liens guaranty that we will be paid?
A. Absolutely not. While
Pre-Liens and Liens are an excellent and very effective way to
ensure payment, they can not guaranty payment. A Pre-Lien is sent
out at the beginning of a job and a Mechanic's Lien is recorded
after the end of a job if your company is not paid. Then your
attorney must request a hearing to perfect the lien. The outcome of
that hearing can not be guaranteed.