Too often, the term “certified mail” is used interchangeably with “certified mail with return receipt requested.” We have a great article on the Construction Payment Blog that explains the differences between these two mailing services in detail: Certified Mail v. What’s the Difference Between Certified Mail and Certified Mail Return Receipt Requested? As this post will make clear, however, there is never an easy answer. It may seem like the easy answer is to just label a mail piece with the most “comprehensive” service. More importantly, you should understand what evidence you’ll need in order to prove the mail reached the intended recipient. ![]() These mail types are all quite different, and those choosing between them must understand the differences. Less often, a statute may also require sending parties to use the “restricted delivery” service. Putting these nuances aside, mechanics lien and bond claim statutes typically require you to send notices by certified mail, registered mail, or certified mail with return receipt requested. § 4802 with § 4822).Īnother good example is provided in Washington, where preliminary notices on Washington private projects need only be sent by regular certified mail, but preliminary notices on Washington state projects must be sent by certified mail with return receipt requested. commercial projects), you may send the NTO with either certified mail or certified mail return receipt requested depending on whether the party is delivering materials, renting equipment, or performing labor as a subcontractor (Compare La. Even on the same type of construction project (i.e. Louisiana is a great example of this difficulty. Each time you prepare a mail piece, even when the mail pieces are for the very same project, you should analyze all of these factors to qualify how you must label and send that mail piece. Accordingly, the answer is never as simple as “send it by certified mail”. This includes the project’s state, the project’s type, the role the sending party is playing on the project, and the role and tier of the party who receives the notice. The required method of delivery may differ depending a few factors. Determining this is not as straight-forward as it may seem. The primary question for prime contractors, general contractors, subcontractors, and material suppliers preparing or sending a “notice to owner” or “preliminary notice” to figure out exactly how the law requires you to send your notice to owner. How Does The Law Require You Send A Notice To Owner? This includes the burden of proof, the difference between certified mail and certified mail return receipt requested, and ultimately, how you can sleep at night knowing your lien rights are in-tact. This post examines the underlying requirements. With this in mind, how must lien claimants mail their notices to owner documents to the owner of the property? The mailing method will be highly relevant to that burden. If a claim of lien or bond claim is later required, the lienor will certainly have to prove they met the notice requirement in full. Keep in mind that, given the US Postal Service’s recent 10-year plan announcement, construction businesses should prepare for additional delivery delays. Importantly, however, a notice to owner must be mailed in a certain way and within the required time frame. Contractors and suppliers must ensure they send the correct form with the required information to the appropriate recipients. Sending a Notice to Owner (NTO) is a complicated affair. The following states require you to send an NTO to retain your lien rights: ![]() You can refer to that page for detailed information about your state’s Notice to Owner statutes. We’ve covered this topic at-length our Preliminary Notices FAQs and Resources page.
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