| Welcome to The New Coffee Room. We hope you enjoy your visit. You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free. Join our community! If you're already a member please log in to your account to access all of our features: |
| Message for Steve Miller; Lien Law subtleties | |
|---|---|
| Tweet Topic Started: Jan 22 2006, 06:56 PM (171 Views) | |
| ivorythumper | Jan 22 2006, 06:56 PM Post #1 |
|
I am so adjective that I verb nouns!
|
As part of the procedures for lien, in California a subcontractor or material supplier has 20 days from first furnishing labor or materials to file a "Preliminary 20-Day Notice" with the owner and county recorder. Since at 20 days it is not clear if a lien will need to be effected, is this a precautionary or preemptive requirement to ensure future lien rights in case it needs to be further processed? Do wise subs just automatically file the paperwork as soon as they start the job? If the subcontractor fails to file within 20 days does he forfeit future lien rights? Does a prime or general contractor also have to file this 20 day notice? Is the 20 day notice also necessary for the prosecution of a Stop Notice against construction funds? Does the project normally have to be either completed (Notice of Completion) or abandoned (Notice of Cessation) for the Subcontractor to file a lien foreclosure action? (I realize that if the owner does neither then the sub has 90 days to file). Can a Stop Notice be filed at any time or only after completion or cessation? I am also curious as to how often you have had to resort to these sorts of actions. Thanks -- I realize this is a complicated area of law, any insight from the Contractor's side will be appreciated! |
| The dogma lives loudly within me. | |
![]() |
|
| ivorythumper | Jan 22 2006, 10:46 PM Post #2 |
|
I am so adjective that I verb nouns!
|
*bump* for Steve and other lien law aficionados. |
| The dogma lives loudly within me. | |
![]() |
|
| musicasacra | Jan 23 2006, 07:45 AM Post #3 |
![]()
HOLY CARP!!!
|
*bump*
|
![]() |
|
| musicasacra | Jan 23 2006, 09:57 AM Post #4 |
![]()
HOLY CARP!!!
|
*bump* IT's test is today. |
![]() |
|
| Steve Miller | Jan 24 2006, 06:40 PM Post #5 |
|
Bull-Carp
|
Sorry I missed this. I was in Scottsdale over the weekend, oddly enough. I file prelims on any job where I am not dealing directly with the owner, but I have never had to do any more than that. It looks like I may have to now though, so I'll let you know how it goes. It's probably best that you found the answers from someone other than me - it's been a long time since I took my license tests and I've forgotten most of this stuff. If I ever had to deal with a stop notice or a lein action I would have to look it up myself and would probably ask an attorney in my wife's office. What are you designing here in CA? |
|
Wag more Bark less | |
![]() |
|
| ivorythumper | Jan 24 2006, 11:15 PM Post #6 |
|
I am so adjective that I verb nouns!
|
I've just started on a new Catholic church project in Winters, near Davis. I am working in conjunction with a local architect. In the long run, I'd rather do my own projects in CA, so need to get licensed. |
| The dogma lives loudly within me. | |
![]() |
|
| « Previous Topic · The New Coffee Room · Next Topic » |







6:47 AM Jul 11