[CLC-Discussion] COMMON IDENTITY / COMMON CONTROL QUESTION

[RPPTL CLC-Discussion]

Here’s one I haven’t seen in a long time….

I represent the GC.

GC has contract with “Owner”.

The Director of the “Owner” is also the Manager of the LLC that owns the fee title to the property (“Fee Owner”).

Upon my review of the information provided by the GC, I discovered the discrepancy between the Owner and Fee Owner.

GC indicates that the manager of the Fee Owner and the executive director of the contracted Owner has been involved in every meeting and has personal knowledge of the project and is directing the GC.

Of course, GC did not serve an NTO (time is now expired).

GC wants to file a lien.  Obviously, very hesitant to do this but I do recall this common identity / common control argument.

Any insight on this one?

Thanks all.



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Michael J. Barker​​​​
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Quintairos, Prieto, Wood & Boyer, P.A.
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