Hi, are CA property owners legally entitled to lien waivers and releases or does this entitlement need to be set forth in the contract? If so, where does the law or case law provide this entitlement?...Read More
Jan 11, 2021 I send out a pre lien and I just completed the lath on a exterior and send out my payment on April 2,2021, do I need to send out a notice to intend to lien or send a mechanics lien before the 90 days dateline ?
Please email me at firstname.lastname@example.org thanks
Rock ...Read More
I would like to remove the Mechanics Lien I placed on a Home through LevelSet. Property located at the municipal address of 6530 CHESTERBROOK DR, ELK GROVE, CA 95758.In the county of SACRAMENTO. APN 117-1220-036-0000. Briefly described as ARLINGTON PARK 05 PHASE 01 LOT 36. Subdivision: ARLINGTON PARK 05 PHASE 01. Legal Lot 36. Book/Page 233007. ...Read More
I have sent the contractor a written request asking that he remove the lien, and he has not responded. The lien is over 6 months old, well over the 90 day limit. I would love to do the process myself but will hire someone if necessary....Read More
I have a NOI. I am not confident that the party that filled the NOI can be trusted to remove the intent with full payment. I never should have hired him, lesson learned. Now I just want to pay him be done with him. How can I be assured the NOI will be removed? Is there a form? Should I pay him if he won’t put into writing that the NOI is removed?...Read More
We completed a job, Jollibee, recently and we did file a mechanics lien. The contractor, JG Construction, still owes us $183,000. Jollibee is asking us to complete the bond release. But we're afraid if we do, we won't get paid in full. The other option we're considering is to file an intent to foreclose on the property. I think we have until the end of March to file. I can also send you the documents that Jollibee sent us. I don't see an option to upload a document though. I can be reached at 619-871-2305 or at email@example.com. Thank you, Mike Morgan Magnum Sealing & Paving....Read More
I'm a subcontractor and finish a job, last year, I had to file a mechanical lien in December 2020, they issued a check to my suppliers but to us they are asking me for a Conditional Final, my question is "if I write a note on the conditional as " this amount is valid only if a joint check is issued by the owner of the project" .... the reason is I don't trust this company will issue a total amount agreed minus the suppliers payment check, and that was not the deal . Can you let me know if its a legally valid to add that note? ...Read More
Hello, we're a subcontractor that filed a lien on a property after the contractor refused to pay the remainder of the subcontract. They have recently made payment after pressure from the owner and want us to release the lien. Would an "Unconditional Waiver and Release Upon Final Payment" suffice? Or do we legally have to record the release with the county?
We filed a mechanic's lien in December 2020. The Direct contractor is ready to make a partial payment and the owner is not ready to pay the difference, which is owed. Our 90 days to enforce the lien expires this month....Read More
How to remove an invalid mechanic's lien : 1) No law suit filed within 90 days 2) A demand letter to contractor sent and no response from contractor 3) Contractor's current licence is expired, no longer in business 4) Not reachable by any means, server is unable to serve the court documents as contractor is no longer available anywhere What are the options in this case? Do we have to do a paper publication? How long this lien takes to clear the title? Not able to refinance the mortgage due to the lien is on title. Appreciate any suggestions in this matter....Read More
Our projects are often performed in stages - Engineering and Construction. Sometimes we don't know whether we will be hired as the GC for the Construction phase. If the next phase is undetermined, but we are submitting our final Engineering phase invoice - what lien waiver should we use - progress or final?...Read More
I'm a general contracting who uses sub-contractors on projects. We are not always aware of the suppliers they use to pick up or drop materials on project sites. Generally their accounts with suppliers are net 30 day accounts. In most cases completion of work and their invoices for payment are received prior to their suppliers requiring payment from them. In instances where they don't or can't provide us with a material release, is it good practice to hold their payment for 20 from their last day of work? Do their suppliers continue to have lien rights? If not what is the best way to manage this. Thank you Diane...Read More
I filed a mechanics lien on a job that didn't want to pay me. I then was not aware i needed to file suit and never did file suit. It seems that the lien has been expired. i am now being sued to get the lien released which i thought i already did. i am also being sued for the lawyer costs the homeowner has incurred. do i need to file a new lien release or since it has expired do i need to do anything at all?...Read More