Construction Law

What’s the Notice of Commencement and What Does It Mean? featured image

What’s the Notice of Commencement and What Does It Mean?

A Notice of Commencement is a legal document that details that a construction project officially started. Without it, your construction company could face legal issues related to filing mechanic’s liens, securing payments, and complying with local laws. In this brief editorial, an Asheville construction lawyer provides more information about notices of commencement and how these notices can impact your business and its operations.  

Filed Before Projects Begin

A Notice of Commencement is filed before you actually start the project. This means that it can give notice of the project and could be filed up to 90 days in advance. The exact timeframe of when your firm will need to file the notice will depend on the municipality, county, and state of the project. In most cases, this needs to be filed 60 to 90 days beforehand. This gives all parties ample notice of the upcoming project.

Protections for You

The more detail that you can provide about the project, the better the Notice of Commencement will be able to protect you in the event that your firm needs to pursue legal action related to the project later. Try to be as specific as possible about the scope of the project, from where it will be located, your client’s information, and the materials used. This legal notice can be helpful later if there’s some kind of dispute about whether the client authorized certain improvements to be made. If you have any questions about what details to include in your Notice of Commencement, you can discuss these with your Asheville contractor attorney

Projects of a Certain Size

To file a Notice of Commencement, the project generally needs to be a certain size. A job worth only a few hundred dollars may not be required to fill one out, whereas a job that’s more than $2,000 general requires a Notice of Commencement. You can work with your lawyer to find out if your current upcoming project meets these minimum thresholds. Many construction projects do.

A Notice of Commencement is a legal notice that details an upcoming project. It can be used in the event that your client doesn’t pay you as proof that the project started and that they owe you money for a project they agreed to. If you have questions about filing a notice of commencement for an upcoming project, contact an Asheville contractor attorney from Cotney Attorneys & Consultants.

If you would like to speak with an Asheville contractor attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.