DOES A MECHANICS LIEN HAVE TO BE NOTARIZED?

1 week ago
State: California

I HAVEN’T BEEN PAID FOR OVER 2 MONTHS FOR A TRUCKING OFFHAUL I DID FOR A CONTRACTOR WHO IS ALSO THE OWNER OF THE PROPERTY I WORKED AT. I WOULD LIKE TO FILE A LIEN AS I HAVE ALREADY SENT HIM A NOTICE OF INTENT AND HAVE GOTTEN NO RESPONSE WHATSOVER. 2 QUESTIONS, DOES A LIEN NEED TO BE NOTARIZED? IS THAT THE SAME AS THE VERIFICATION? HOW DO I FIND OUT IF THERE IS AN INSURANCE BOND OR SOME TYPE OF BANK SECURITY ON THE PROJECT?

Legal Intern/Clerk Levelset
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California is one of the several states that does not require a notary for mechanics liens. However, in California a lien release must be notarized. Keep in mind that California’s deadline to file a mechanics lien is 90 days after the completion of the project as a whole. In addition, the deadline to enforce a mechanics lien in California is 90 days after recording the claim.

Bonds are used on construction projects whenever the owner wants additional financial protection during a project. By requiring bonds, the owner protects him or herself from any additional costs caused by the default of a contractor. If payments are not being made, the obligee or subcontractor can make a claim against the bond. If you’re unpaid for materials or labor furnished to a private project, you can file a mechanics lien. Yet, while a mechanics lien filing attaches to and is secured by the physical property, a bond claim attaches to and is secured by the payment bond. In many ways, since properties are over-leveraged and difficult to foreclose on, claims against payment bonds are cleaner, simpler, and faster than mechanics lien claims. You can research further as to how mechanics liens and bonds differ here.

To get bond information to make a claim on a contractor’s bond, you will need the name and contact information for the surety company and the bond number to file a bond claim. The easiest way to get that information is to ask. You may ask he project owner for the bond information or the GC directly. It is best to ask for bond information at the beginning of a construction job. when requesting information for preliminary notices. If you only request bond information when you’re ready to file a claim, the party may be less forthcoming.

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