Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?
We are an Engineering company who contracted directly with the owner. No NTO was sent.
A:
In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope of work and obligation to pay, so if there are two separate contracts, there would be two separate obligations and amounts due to be secured by the lien.
All that said, there are always exceptions to any general rule, and ss with most issues regarding construction disputes, it is always prudent (especially for a business involved in the trade) to engage consult with counsel at the earliest possible opportunity to, ideally, avoid problems, protect your position, to adopt strategies to get projects back on track, and/or to minimize potential damages.
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