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What is a Notice of Retention?

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.


What are 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.

Who must file a Notice of Retention?

A Notice of Retention must be filed by any person who wants to establish an early lien priority date for their preconstruction service work.


What information must a Notice of Retention include?

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

When must a Notice of Retention be filed?

The Notice of Retention must be filed in the State Construction Registry within twenty (20) days after you first begin performing Preconstruction Service.


What happens if a Notice of Retention is not filed?

The priority date of your Preconstruction Service Lien falls back to the date of first visible work.


Is a Notice of Retention required for private and public construction projects?

No. Just private construction projects.


Does more than one Notice of Retention have to be filed for each project?

Only of you are working under more than one original contract.


 
 

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