Home » 2008 » July

ARKANSAS gets new notices, custom template technology (CTT)

I spent six hours in Little Rock back in 1989 as part of a business trip that started in Chicago and ended in Kansas City.  At that point in life I had not flown in small commuter propeller driven airplanes much.  As we landed, I never will forget how close we seemed to the treetops that were in the landing pattern path to the Little Rock National Airport.  I hope the amount of people flying has increased enough since then next time I fly into Little Rock the jet, not propeller plane is a bit larger.

I just finished entirely writing for PreLien2Lien thirty-two (32) new notices for the state of ARKANSAS. They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee.

Sucontractor’s have two 1st notices to be aware of. For Residential projects, ARKANSAS Code Annotated §18-44-115 mandates that a Preliminary Notice To Owner (Residential) must be served to the Owner of a residential property being improved before labor or materials are provided for the improvement of the property. Delivery should be made in person or by Certified Mail. The Owner’s signature on the Notice should be obtained – the signature on the Certified Mail Return Request green card will legally be accepted.

For Commercial projects, ARKANSAS Code Annotated §18-44-115 mandates that a Preliminary Notice To Owner (Commercial) must be served to the Owner and General/Prime Contractor of a commercial, non-residential property being improved within seventy-five (75) days after labor or materials are provided for the improvement of the property.

Subcontractors (Private Projects): ARKANSAS Code Annotated §18-44-114 mandates that a Notice Of Intent To File A Lien Claim must be sent by Subcontractors via Certified Mail to the Owner(s) and Owner Agent of the improved property at least ten (10) days prior to filing a Verified Statement Of Account And Claim Of Lien.

General/Prime/Sub Contractors (Private Projects): ARKANSAS Code Annotated §18-44-117 mandates that a Verified Statement Of Account And Claim of Lien can be recorded at any time up to one hundreed twenty (120) days after providing labor or materials for a project. It is recorded at the Circuit Clerks office in the county where a project you provided construction related labor, services, equipment or materials is located.

TENNESSEE gets new notices, custom template technology (CTT)

I have made only one visit to TENNESSEE.  I had a business meeting in 1996 with a small company named SMITHWARE, located alongside the campus of VANDERBUILT UNIVERSITY in Nashville. I will return sooner than later to the state, as an old gradeschool friend of mine when we grew up together in Elmhurst, IL is now an executive with one of our customers, CARRIER CORPORATION, raising his family in Franklin, TN.

I just finished entirely writing for PreLien2Lien thirty-two (32) new notices for the state of TENNESSEE. They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee.

The only 1st notice required in TENNESSEE at the start of a construction related improvment is for General/Prime Contractors.  TENNESSEE Code Annotated § 66-11-203 mandates that a Prime/General Contractor must serve by registered mail a Contractor’s Notice To Owner to the prior to the commencement of the improvement of a property. It is also recommended that you send a copy of the Contractor’s Notice To Owner to the other legal parties on a project (Customer, Lender, Owner’s Agent). 

Subcontractors do have to send a warning notice before filing a lien.  TENNESSEE Code Annotated § 66-11-145 mandates that a Notice Of Nonpayment must be served by the Subcontractor to the Owner ninety (90) days after the last day of the month where labor or materials were provided for the improvement of a project. Additionally, TENNESSEE Code Annotated §12-4-115 mandates that along with a Notice Of Nonpayment, Subcontrators must serve a Notice To Owner within ninety (90) days after the completion of providing labor or materials or the completion of the entire project.

General/Prime/Sub Contractors (Private Projects): TENNESSEE Code Annotated § 66-11-117 mandates that a Notice Of Lien And Sworn Statement – Subcontractor can be recorded at any time up to ninety (90) days after the completion of providing labor or materials or the completion of the entire project. It is recorded at the Register’s office in the county where a project you provided construction related labor, services, equipment or materials is located. A recorded copy of a Notice Of Lien And Sworn Statement must be sent to the Owner of the improved property, with copies being sent also to the other legal parties (General Contractor, Lender, Customer).

Note that the time frame documented above is made much shorter when an Owner or Owner’s Agent files a Notice Of Completion.  TENNESSEE Code Annotated § 66-11-143 mandates that an Owner or Owner’s representative (Agent, GeneralPrime Contractor) should record a Notice of Completion at the completion of a project with the Register of Deeds in the county in which the improvement is located. Prime Contractors and Subcontractors then have ten (10) days (residential) or thirty (30) days (commercial) to record a Notice Of Lien And Sworn Statement.

Subcontractors (Private Projects):  TENNESSEE Code Annotated § 66-11-117 mandates that Subcontractors have ninety (90) days after filing A Notice Of Lien And Sworn Statement to foreclose on the property after recording the Notice Of Lien And Sworn Statement.

Categories

Tags

Archives