Hello,
We just sent a Notice of Intent to Send Stop Work Notice on a property but we are not allowed to enter the gated community. How do we post the Intent to Send Stop Work Notice on the property when we have no access?
In order to be effective, a Stop Work Notice must be conspicuously posted at the project site. This requirement is based on § 8834 of the California Civil Code, which also allows that the notice may be " the notice shall also be posted at the main office of the site, if one exists." So, if there's somehow a site office that can be reached, posting the notice there may be acceptable.
It's worth mentioning that hiring a process server might be helpful when blocked from posting a notice by a gated community. California has laws on the books aiding process servers in obtaining access to property - including gated communities - in order to make lawful service. So, while you may be blocked from access, a licensed process server should be able to access the gated community.
Ultimately, the California Civil Code is silent as to how to post a notice when the poster is physically blocked from returning to the job site. So, there's no clearly-acceptable alternative when a copy of the notice cannot be posted one way or another. Potentially, though, posting to a place where the owner and subcontractors could not possibly miss the posting might do the trick - even if the job site, itself, can't be reached. But again - if at all possible, performing service, as required, should be a priority.
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