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?
1 reply
Sep 30, 2019
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.