The Levelset Credit Management Advisory Board
The Levelset Credit Management Advisory Board brings elite credit and finance professionals together — dedicated to helping you become the most promoted, highest paid and most efficient credit professional.
Meet the board members
Our board members have spent their careers managing, consulting or reporting in the construction industry. With over 100 years of combined experience, they bring their expertise and knowledge to the credit community.
History of accomplishments in associations, private higher education, and health care. Demonstrated leadership in raising nearly $100 million through comprehensive campaigns, major gift and annual fundraising; community ...
With over 25 years’ experience in the building materials industry, Jen is focused on promoting robust process and credit best practices that produce measurable results and excellence in cashflow management. A strong ad...
Craig Webb is president of Webb Analytics and one of the nation’s leading experts on building material dealers and distributors. He spent 12 years as editor-in-chief of ProSales, the nation’s most honored publication...
A credit & finance leader in the building material supply space for over 15 years, today Rachel is the Director of Financial Services for one of the Country’s largest roofing material distributors, SRS Distribution. S...
For more than 15 years, Barry has been the Credit Director for Emser Tile, the leading supplier of the world’s finest tile and natural stone, servicing over 10k active accounts for homebuilders, commercial builders, co...
Thea has over 30 years of credit, collection management experience, developing effective shared services processes and assessing company’s back office needs to improve efficiencies. Highly skilled in all area’s of th...
Have a question on your mind you want help with? Ask a question below, and one of our advisory board members will respond.
I filled a Mechanic Lien and the party I filed against said "I don't have rights do to a Full and Final Lien Waiver"I
I need more facts. A full and final waiver of lien does not automatically bar lien rights.
It depends upon issues such as whether a third party has relied upon it or prejudiced by the waiver, whether it was procured by fraud and the custom and practice in the industry.
How do I file a pre lien
Good morning! I hope this link may help you: https://www.levelset.com/preliminary-notice/california-preliminary-notice-faqs/#:~:text=Deliver%20your%20notice,the%20lender%20(if%20any).
Lien rights if materials delivered but not installed
Parties who deliver materials used in the construction of a work of improvement are generally provided mechancis lien protection. However, in order for material suppliers to gain mechanics lien protection, it is generally the case that those materials must be incorporated in the project. This means that the matrials are usually required to be used in the project to give rise to mechanics lien protection. This makes sense, since a mechanics lien is an encumbrance on property that arises from the improvement to that property.
In California, material suppliers are provided a certain presumption, however. If the delivery of materials to a particular site can be proved, the supplier is entitled to a presumption that the materials were used with respect to an improvement on that site. Consolidated Elec. Distribs., Inc. v Kirkham, Chacon & Kirkham, Inc. (1971). However, if it specifically known that the materials were not incorporated into the improvement, the presumption may not be enought to result in an enforceable mechanics lien.
Additionally, California is not a state in which there is specific protection for suppliers of "specially fabricated materials." In some states parties who supply materials that are specifically related to a particular project and not fit for use in other projects, are entitled to mechanics lien protection even if the materials were not incorporated in the work of improvement.
In the event a mechanics lien is not available, recovery is likely best pursued through the party who purhased the materials - whether through breach of contract, failure to comply with prompt payment requirements , or some other cause of action.