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California
When sending out a prelim (state of CA) - On the prelim itself, can I fill out ALL the information for owner, lender and contractor - and then print three copies and sign them and send them out individually. Or, do I have to only fill out for instance only the owner information - then print it sign it and send it. Then delete that and fill out lender information only - then print sign and send it. ETC... Thank you!...Read More
Anonymous Contractor
1 answerAdd commentJun 22, 2022
California
We are a commercial subcontractor. We filed lien against Studio Movie Grill for 131k in CA. Nearly everyone associated with the project has filed lien with no response from anyone. The GC is moving forward with Foreclosure filing. What/who should I contact to get first in line on this payment. We suspect that Studio Movie Grill will not reactivate this project, they have gone way over budget....Read More
Anonymous Subcontractor
1 answerAdd commentApr 28, 2020
CaliforniaRecovery Options
Prelim questions in CA: 1. If owner and lender are the same - do I have to send two separate prelims in two separate envelopes? 2. How many copies (if any at all) need to be in the envelopes to contractor, owner and lender?...Read More
Anonymous Contractor
1 answerAdd commentJun 22, 2022
California
A general contractor is asking for lien waivers for completed projects prior to getting paid. If I provide the waivers before getting paid and they still don't pay can I still place a lien on the property?...Read More
Anonymous General Contractor
1 answerAdd commentJun 22, 2022
California
My email was hacked and fraud ACH instructions were sent to my client. They paid the fraudulent account and feel they are no longer accountable. I think we are not liable. I can prove my email was hacked. I can prove the ACH bank is not ours. I can prove monies we're not deposited into our account. Why would they take ACH payment information over an email without a 2nd authentication process? Who takes the loss for the payment?...Read More
Jamie Nelson
Waiting for answerAdd commentJun 21, 2022
California
I am a subcontractor and my email was hacked. I had been emailing a client inquiring about payment status and my email was highjacked and the scammer sent ACH instructions to go to their account. We do not accept ACH. I can prove ACH wiring bank account is not our account, I can prove my email was hacked and I can prove no monies were deposited into our account. I have filed a lien and our customer is saying they paid and we need to take the loss. I say we gave a service we have not been paid for. I'm not responsible for managing emails sent to them nor their accounting system for not having a multifactor authentication process for taking ACH instructions over email and I have very high IT security in place. Who is liable for the loss? ...Read More
Anonymous Subcontractor
Waiting for answerAdd commentJun 20, 2022
California
We have an open stop notice on a public works job as a subcontractor. We received a partial payment from the prime contractor, and have been requested to file a "reduction of stop notice" with the State. Are we obligated to reduce the stop notice and what is the process to do so? The remaining amount is overdue by 180 days. ...Read More
R E Mason Engineering
1 answerAdd commentJun 17, 2022
CaliforniaStop Notice
I am a Prime Contractor on a project. Our sub filed a stop notice. We have paid them in full. the did a partials release of stop claiming that they have to be paid for the late fee. By law can they hold up the full release of the stop payment for late fees? ...Read More
Anonymous Contractor
1 answerAdd commentJun 17, 2022
CaliforniaStop Notice
Hired as sub-contractor for installation of equipment by contractor. Following installation, we were informed that owner ran into financial hardship and asked if we would delay our billing which we denied. Filed Lien on 3/2022. As of 6/2022 no word or payment from owner or contractor. Is the best next step the extension of the mechanics lien or to file suit? If file suit, what is involved in this?...Read More
Anonymous General Contractor
1 answerAdd commentJun 15, 2022
California
I am a subcontractor who filed a Stop Notice for $10,000+ and now we have agreed to $8,500+ Do I have to release original Stop Notice and file new Stop Notice and Bond for revised figure?...Read More
Sylvia Lamas
1 answerAdd commentJun 14, 2022
CaliforniaStop Notice
We have an RCV agreement in place. It seems to hold little to no value if the homeowner decides to move in a different direction after we have put many hours into the estimate. IS there another direction we should be going with this? ...Read More
Anonymous General Contractor
Waiting for answerAdd commentJun 15, 2022
California
I a sub contractor (electrical) working on a residence in Pacifica, CA, I filed a mechanics lien about 3 months ago, and now I am getting a notice that I have a deadline (with-in a week) to do something else. what do I have to do.//...Read More
Anonymous Subcontractor
Waiting for answerAdd commentJun 15, 2022
California
We would like to make sure our preliminary notice covers the entire project when we file a preliminary notice on 1 specific address. The address is 140 Woodlands Dr, Healdsburg, CA The project includes 25 different residential homes and we are not sure that the above address would cover all 25 homes with the preliminary notice filed on the 1 address....Read More
Joe Wixom
3 answersAdd commentJun 13, 2022
CaliforniaPreliminary Notice
Do companies selling metal buildings, located out of state, for contractors in California qualify as falling under the HIS registration requirements. I am dealing with an out of state sales company selling metal buildings for in state contractors. Got a quote for a building, agreed on price and requested contract to execute. Contract provided had one item spec'd wrong and not compliant with quote. Requested revised contract. Received revised contract but had added bracing items in addition to original quote (+$1,446). HIS said it was a new company policy he was not aware of when he did our quote. Then we are told the state of California requires it which tells me it should have been included in the original quote. Then we are told the contractor requires the additional bracing. We had to sign the contract because we are against the wall with our insurance company (storm damage) but I still question the addition. The contract states they can increase the cost without notifying us. Market forces and material availability did not increase the cost. A HIS error increased the cost. We have signed the contract and paid the deposit. We have not yet received a fully executed contract with their signature. John Damon P.E....Read More
Anonymous Contractor
Waiting for answerAdd commentJun 14, 2022
CaliforniaChange Orders
I hired a modular construction factory to build a structure. They required that I pay for materials upfront, noting they would purchase all materials on the project in a few months. As a prerequisite for payment, I required an actual invoice and a conditional lien release. Before a new payment would be made, I required proof of payment in from of cancelled check or bank transaction sheet and an unconditional lien release from the vendors. I have recently learned that the prefab company purchased nearly all the material on credit and used the money we gave them for material for unknown uses. We are now starting to get contacted by the factory material suppliers, looking to us for payment. In communicating with the suppliers, we have now learned that the factory fabricated proof of payment wire transfer confirmations and one supplier provided unconditional progress lien release waivers for specific amounts that they now say they never received payment for. When I asked them why the would provide an unconditional lien release, noting that they recieved a payment that they never actually did, the supplier responded by saying the factory never placed the order, only obtained a quote, so they claim the unconditional lien release they signed is meaningless. I explained to them that without their providing that unconditional lien release, noting that they recieved a specific payment, I would have never released the money to the factory. Now, that same supplier wants to file a lien because the factory won't pay them and i won't pay for materials twice. I feel like the supplier is a party to the fraud committed by the factory, as it appears the supplier and factory have a preexisting business relationship from previous projects. Even though an order was not placed until after the through date of the unconditional lien release, can I use the unconditional release document where they noted they recieved a payment, to offset the amounts they claim are unpaid now? Supplier did file prelim notice....Read More
Anonymous Property Owner
2 answersAdd commentJun 12, 2022
CaliforniaLien WaiversMechanics Lien