Menu

Cathleen Curl

About Cathleen Curl
CATHLEEN M. CURL specializes in handling problems relating to the construction industry, including payment disputes, contract negotiations, contract
preparation and revisions, stop notices, mechanic's liens, bonds, construction defect litigation, and other matters. She received her B.A. from Stanford
University in 1974, and her law degree from the University of Santa Clara in 1978. She has been engaged in the construction industry exclusively for over
twenty-five years.
More...
More...
Cathleen Curl's Recent Answers
Sep 4, 2020
From an Anonymous Contractor
CaliforniaLien DeadlinesLien ForeclosureLien Waivers
A supplier can legally lien your property IF then previously sent you a Preliminary Notice by certified mail. If they didn’t, they have no lien rights against you or
your property. They can only go against the contractor that hired them. The best way to handle this is to have an attorney write the supplier a strong letter
telling them they have no lien rights since they didn’t timely and properly serve you with a preliminary notice and threaten them with legal action iSee More...
See More...
Jun 14, 2023
From an Anonymous Contractor
California
You might have more time than you think you do. The lien period is based on completion of the entire project not just your work. You must file your lien within
90 days of completion of the project. (The time is shortened to 30 days if a Notice of Completion was recorded but those are mostly found on public jobs.) So
if you’re a sub, you look to when the project was finished which most likely will be sometime AFTER your work was done to start the lien clock tickiSee More...
See More...
Jun 7, 2023
From an Anonymous Contractor
CaliforniaConstruction ContractMechanics LienPreliminary Notice
Even without a lien, you can still sue the GC who hired you for breach of contract for not paying you. The statute of limitations for breach of a written
contract is 4 years so you should still have time. For a large project like this, you should check to see if the GC posted a payment bond to guarantee payment
to subs and suppliers. Don’t ask the GC, ask the owner for this information. This could help you put pressure on the GC to pay you. I’m happy to anSee More...
See More...
Jun 7, 2023
From an Anonymous Contractor
CaliforniaMechanics Lien
Your lien period is based on completion of the project as a whole, not just your work. So you need to know when the project was completed. If there’s no
Notice of Completion recorded (usually on public jobs), a sub has 90 days from completion of the project to record their lien. If there was a Notice of
Completion recorded, then you have 30 days from the recording date of the NOC to file your lien. I like to use the date the project passed final insSee More...
See More...
Feb 20, 2021
From an Anonymous Contractor
CaliforniaLien Priority
If you are a contractor and were hired directly by the owner, then you don’t need to send a Preliminary Notice (unless a lender is involved).  You would know
if there was a lender because they would have asked you for a copy of your contractor’s license ahead of time, and your payments would have come from
the bank and not the owner.  The purpose of the preliminary notice is to let the owner who has lien rights on their property that they didn’t hire.  IfSee More...
See More...
Webinars by Cathleen Curl