We are a subcontractor, we have a large contract for 1.2 million with Archer Western, we have done a very small portion ($17K) and have been paid for that portion. At that time we did not have our lien rights secure in time. We will be going back on site within the month, but Levelset has sent a warning that someone has filed a lien on the project, can we deliver a preliminary notice on the project still with a new start date for the work we will be performing for the remainder of the project? We are in Ohio-project is in Florida-Project Pinellas Gateway
A notice to owner / notice to contractor must be served within 45-days of your first work on a project in order to have lien / bond rights. A notice should be issued per contract you have on the project. If the work you are now doing is in continuation of the prior contract, then you likely do not have lien / bonds rights. If, however, this additional work is pursuant to a new contract on the project, then you should go ahead and serve your notice to owner and/or notice to contractor.