How to Send a Notice to Owner (NTO) Via Certified Mail
Two of the major issues within the construction industry revolve around failure to pay or slow payment. This means that those financial institutions funding the project may have to file a lien at some point in order to secure their payment. However, depending on the state, some states require that a notice to owner is sent, this document is required to protect your right to lien.
A notice to owner is a complex document with lots of criteria and senders need to ensure that they are sending the correct forms with the required information to the appropriate recipients. Also important is that a notice to owner has to be sent within a certain way and within the required time frame. In order to claim a lien later on, the lienor will need to prove they met the notice requirement in full. This means that the mailing method you choose is highly relevant and important.
The statute in each state will outline the requirements of delivery but usually a notice to owner needs to be sent by certified mail or certified mail with a return receipt requested. Make sure you send the notice to owner via the mail process outlined in the statute. If the statute requires certified mail with a return receipt requested make sure you send it that way, otherwise you will probably be fine sending the notice to order via certified mail. The Post Office stores the receipt of the mail delivery for up to ten years so either way you can access the information if you need it at a later date.
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