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In Mechanics lien law a Preliminary Notice (also known as a Notice to Owner, Materialmens Notice to Owner, Notice of Furnishing, Contractor/Subcontractors Notice to Owner, and others) is a notice sent by the general contractor, subcontractor, materialmen, equipment lessors or other parties to a construction project not to create a Mechanics lien but rather to establish the right to file a ...
In Mechanics lien law a Texas Fund Trapping Notice is a preliminary notice that parties on construction projects who are not directly contracted with the owner send in order to preserve the right to file a mechanics lien in the event of nonpayment in Texas. This document is called a Fund Trapping Notice because its purpose is to inform the ...
A good example are items that are not intended to be permanent, but nevertheless, necessary in the course of construction. A temporary construction fence may be required, may serve a valuable function in safety and security, but is never expected to become part of the realty, so therefore is not a cost that is permitted under a mechanic's lien.
Notice Requirements: 45 days' notice to surety required prior to suit (§39-1-1(b)) Other: Venue allowed in county where the project was located, or where otherwise provided by law (§39-1-1(c)); Attorneys fees and interest allowed if unpaid on 45-day notice (§39-1-1(c)); Contractor must advertise notice of contract settlement (§39-1-1(f)).
A cost plus contract states that a client agrees to reimburse a construction company for building expenses such as labor, materials, and other costs, plus additional payment usually stated as a percentage of the contract's full price. This type of construction contract is an alternative to lump sum agreements.
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