See below for some great information we found on lien Notices to Owner. Do not ever hesitate to call us here at Licenses, Etc.! If we don’t have the information, we can find it for you!

Knowledgeable contractors are aware that they must file a Notice to Owner before they can ever file a Claim of Lien on those jobs where they don’t have a direct contractual relationship with the owner. But what if the owner transfers ownership to a related corporation after it had already directly contracted with a sub, say a marble installer? Does that installer now have to file a Notice to Owner? A recent case has determined it does not. The court relied on the basic principle of fairness. Where, as here, there is a common identity between the owner and the developer, there is no need to file a new notice. Courts have held that if the same individuals were officers of both the owner corporation and the contractor corporation, a subcontractor’s failure to file a Notice to Owner was not fatal to its lien claim against the corporate owner. To allow otherwise would be to encourage parties to play a shell game with ownership and frustrate the valid claims of contractors completing work on an owner’s property.

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