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NEW YORK gets new notices, custom template technology (CTT)

My business trips to New York City always had me counting the minutes until the end of the business day for dinner and a Broadway show.  The city has hundreds, if not thousands of restaurants to eat at. Visitors like myself can get sticker shock when going to buy a simple sandwich for lunch. Fortunately, one excellent restaurant with reasonable prices with great food and exceptional service is Puleos in the Theatre District.  A drive north up the Hudson River is also worth it, especially if you can visit the historic campus of the United States Military Academy At West Point.

NEW YORK is not the easiest state for construction contractors to use the remedies of the state’s lien laws.  It is a reactive state, as 1st notices sent by Subcontractors who supply equipment, labor, materials or services for a construction improvement  have no legal bearing for future lien actions. They still have the option of sending a Preliminary Notice. It will improve your chances of being paid on a timely basis, as it notifies all legal parties of your future right to file a Bond Claim, Notice Under Mechanic’s Lien Law For Private/Public Improvement or Stop Notice in the event you are not paid on a timely basis.

General/Prime/Sub Contractors (Private Projects): A Notice Under Mechanic’s Lien Law For Account Of Private Improvement can be filed while the a project is in progress or within eight (8) months (commercial) or four (4) months (single-family dweliling) after the completion of a contract or the final delivery of materials. The Notice Under Mechanic’s Lien Law For Account Of Private Improvement needs to be recorded in the Couny Clerk’s office in the county where the project is located.

General/Prime/Sub Contractors (Public Projects): A Notice Under Mechanic’s Lien Law For Account Of Public Improvement can be filed while the a project is in progress or within thirty (30) days after the completion and acceptance of the public project. It must be served by personal delivery or certified mail on the Public Agency/Authority and any other legal parties for the project (General/Prime Contractor, Lender/Surety, Customer, Owner Agent) within five (5) days prior to filing the notice or immediatley after filing.

SOUTH CAROLINA gets new notices, custom template technology (CTT)

The summer of 1987 I was at Advanced Radio/Teletype training for the US Army at Fort Gordon, GA. On weekends my fellow trainees scampered as quickly as they could to Myrtle Beach, SC.  While I would have enjoyed going there for the golf and scenery, I did not know a single classmate who played golf to go with. So I got instead a one-hour drive through SOUTH CAROLINA courtesy of the Greyhound bus I rode back to my hometown of Chicago after graduation.  I will return to the state with a bit more money in my pocket than in 1987, sooner than later.

I completed recently the rewriting of thirty-two (32) SOUTH CAROLINA templates for PreLien2Lien. Both General Contractors and Subcontractors have 1st notices that must be posted or sent at the start of a construction project.  SOUTH CAROLINA Code Annotated § 29-5-23 mandates that a Location Notice and Notice Of Project Commencement be posted at a jobsite by the General Contractor.  SOUTH CAROLINA Code Annotated § 29-5-23 also mandates that General/Prime Contractors must record a Notice Of Project Commencement with the clerk of court or register of deeds in the county where the improvment is located.

SOUTH CAROLINA Code Annotated § 29-5-40 mandates that when a General/ Prime Contractor has filed a Notice Of Project Commencement, in order for a Subcontractor to ensure the full amount owed can be collected on a lien for a private project, a Subcontractor must deliver by Certified Mail or personal delivery a Notice Of Furnishing Labor Or Materials to the legal parties (Customer, Owner, General/Prime Contractor, Lender) on the project.

General/Prime/Sub Contractors (Private Projects): SOUTH CAROLINA Code Annotated §29-5-90 mandates that a Notice Of Mechanic’s Lien (General/Prime Contractor) should be filed by a General/Prime/Sub Contractor no later than ninety (90) days after the completion of furnishing equipment, labor, materials or services for an improvement.  It should be recorded with the register of deeds or the clerk in the county where the improved property is located.

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