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Summary of Rules and Deadlines
- SCR
- Lien
- Payment Bonds
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Notice of Retention Rules
- What is a Notice of Retention?
- What are Preconstruction Services
- Who must file a Notice of Retention?
- What information must a Notice of Retention include?
- When must a Notice of Retention be filed?
- What happens if a Notice of Retention is not filed?
- Is a Notice of Retention required for private and public construction projects?
- Does more than one Notice of Retention have to be filed for each project?
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Preliminary Notice Rules
- What is a Preliminary Notice?
- Who must file a Preliminary Notice?
- What information must a Preliminary Notice include?
- When must a Preliminary Notice be filed?
- What happens if a Preliminary Notice is not filed?
- Is a Preliminary Notice required for private and public construction projects?
- Does more than one Preliminary Notice have to be filed for each project?
- Good Faith Estimate of Completion
- Notice of Commencement Rules
- Notice of Completion Rules
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Notice of Intention to File a Notice of Completion
- What is a Notice of Intention to File a Notice of Completion?
- When is a Notice of Intention to File a Notice of Completion filed?
- Who can file a Notice of Intention to File a Notice of Completion?
- What is the effect of filing a Notice of Intention to File a Notice of Completion?
- Must a Notice of Intention to File a Notice of Completion be filed for all construction projects?
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Liens
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Construction Service Lien
- What is a Construction Service Lien?
- Who may record a Construction Service Lien?
- What information must the Construction Service Lien contain?
- When must the Construction Service Lien be recorded?
- Where is the Construction Service Lien Recorded?
- Does a copy of the lien have to be to sent to anyone?
- May a single Construction Service Lien be used to lien more than one piece of property?
- Am I entitled to recover attorney fees or costs for preparing and recording a lien?
- After a Construction Service Lien is recorded, must any further action be taken to collect?
- After I have been paid do I have to release my lien?
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Preconstruction Service Lien
- What is a Preconstruction Service Lien?
- Who may record a Preconstruction Service Lien?
- What information must the Preconstruction Service Lien Contain?
- When must the Preconstruction Service Lien be recorded?
- Where is the Preconstruction Service Lien recorded?
- Does a copy of the lien have to be sent to anyone?
- May a single Preconstruction Service Lien be used to lien more than one piece of property?
- Am I entitled to recover attorney fees or costs for preparing and recording a lien?
- After a Preconstruction Service Lien is recorded, must any further action be taken to collect?
- After I am paid do I have to release my lien?
- Lien Waivers
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Construction Service Lien
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Payment Bond Claims
- Public Property
- Private Property
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Request for Adequate Assurance
- What is a Request for Adequate Assurance
- Who may make a Request for Adequate Assurance?
- When must a Request for Adequate Assurance be served
- Who receives the Request for Adequate Assurance?
- How is the Request for Adequate Assurance Served?
- What is the effect of serving a Request for Adequate Assurance?
- Is there a deadline to respond to a Request for Adequate Assurance?
- If I do not receive a response to my Request for Adequate Assurance, can I do anything about it?
A Notice of Retention is information you file in the State Construction Registry to establish the lien priority date for a Preconstruction Service Lien--a lien filed to secure payment for preconstruction services.
Preconstruction services means:
- to plan or design, or to assist in the planning or design of, an improvement or a proposed improvement before construction of the improvement commences; and
- for compensation separate from any compensation paid or to be paid for construction service for the improvement; and includes
- consulting,
- conducting a site investigation or assessment,
- programming,
- preconstruction cost or quantity estimating,
- preconstruction scheduling, performing a preconstruction construction feasibility review,
- procuring construction services, and
- preparing a
- study,
- report,
- rendering,
- model,
- boundary or
- topographic survey,
- plat,
- map,
- design,
- plan,
- drawing,
- specification, or
- contract document.
A Notice of Retention must be filed by any person who wants to establish an early lien priority date for their preconstruction service work.
A Notice of Retention must include:
- your name, address, telephone number, and email address
- the name, address, telephone number, and email address of the person who employed you to perform the preconstruction service
- a general description of the preconstruction service you provided or will provide
- the name of the record or reputed owner of the property
- the name of the county in which the property on which the anticipated improvement will occur is located
- the tax parcel identification number of each parcel included in that property or
- the entry number of a previously filed notice of retention that includes the tax parcel identification number of each parcel included in that property and
- a statement that the person filing the notice intends to hold and claim a preconstruction service lien if the person is not paid for the preconstruction service the person performs
If you are a general preconstruction contractor your notice of retention may include:
- the name, address, and telephone number of each subcontractor who is under contract with the claimant to provide preconstruction service that the claimant is under contract to provide
- The inclusion of a subcontractor in a notice of retention filed by another claimant is not a substitute for the subcontractor's own submission of a notice of retention
The Notice of Retention must be filed in the State Construction Registry within twenty (20) days after you first begin performing Preconstruction Service.
The priority date of your Preconstruction Service Lien falls back to the date of first visible work.
No. Just private construction projects.
Only of you are working under more than one original contract.