[CLC-Discussion] FW: NTO Timing - A133 Precon Services

[RPPTL CLC-Discussion]

I have a contractor client that has signed an AIA-A133 for a project in Central Florida. The contractor’s client is the lessee of a long term ground lease upon which the project will be constructed.  The ground lease has no prohibition on liens and requires construction of the project.  Precon work has commenced under the A133.  The GMP Amendment (indicating commencement of the construction phase) has not been prepared or signed. To preserve its lien rights against the fee simple interest of the Landlord, does the contractor need to serve a NTO on the Landlord within 45 days of commencing precon work or can that wait until the construction phase commences with the execution of the GMP Amendment.

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