We hold the paper for the jib abd selling equipment to an Indian Casino, can we file a preminary stop notice
1 reply
Dec 28, 2018
I think there may be a bit of a vernacular issue here - but let's discuss on 20-day preliminary notices, stop notices, and whether lien or stop notice rights are available on Native American land to cover all of our bases. First, California preliminary notices can be sent on any project, regardless of whether the right to lien or the right to send a stop notice exists. While preliminary notices are sent to preserve the right to lien, they also serve the important function of establishing and nurturing communication and visibility on a given job. Thus, regardless of whether preliminary notice is required or will work to preserve lien rights, it's generally a good idea to send some form of notice on every job. zlien discusses this idea here: <strong>Why You Should Send Preliminary Notice Even If It’s Not Required. Stop payment notices (often simply called "stop notices") serve a much different purpose than preliminary notices. As zlien discusses in this article, "A stop notice is a document given for the purpose of stopping, intercepting, or freezing funds that have not yet been paid on a construction project in an attempt to ensure payment." Thus, a stop notice is most appropriate when there is already a dispute present on the job and payment must be recovered. Finally, as zlien discusses in the following article, when payment problems do exist on projects on Native American land, lien rights and other options for recovering payment will likely not be available unless sovereign immunity is voluntarily waived: Do Lien Rights Exist on Native American Land?