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Stop Notice Questions
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Stop Notice
All States
Does a Subcontract need to be executed for a project located in CA, in order to submit a Stop Notice/bond claim?
CaliforniaI’m a contractor working on a large commercial project inside a Mall. I finished my work on the job last month but haven’t gotten paid and my customer isn’t returning my calls. I sent the preliminary notice late and in our contract our client signed an arbitration of disputes form. How can I collect payment if I cannot file a lien?
CaliforniaThe GC is having difficulty getting the Owner (Cal State University) to finalize change orders and release final payments including retention. We were onsite right around 80 days ago and we need to know how to protect or expedite our payments that are overdue.
CaliforniaToday I attended the webinar "Stop Payment Notices - Another Way for Subcontractors $ Suppliers to get paid," which provided mw plenty of information pertaining the stop notice. But now I am wondering which one is the best way to proceed if I am in the situation where I need to file? Can I do Both? This is just a general question .
North CarolinaHi, I'm a subcontractor, and I sent a stop notice for a commercial job that I've been on. However, I haven't been paid still, it's been a few months, and I'm not sure what to do. Can I also file a lien if my deadline hasn't passed yet? Or am I out of luck with the lien since I already sent a stop notice?
ArizonaMy company filed the preliminary notice a year after starting the public works 33rd St Pipeline Project and now the Subcontractor isn’t paying invoices or returning communications. Will filing a stop notice be good? Preliminary notice delivered more than 30 days ago
CaliforniaWe're a subcontractor that did work on a project for a Native American tribe. The General Contractor is no longer responding to our emails or calls. There is still money owed to us which we have billed through signed change orders and a signed contract. We don't necessarily want to take action against the tribe as we know how complicated that would be. What we do want is some document directed toward the GC which we can also send to the tribe to get everyone's attention. What actions can we take from here that will get the GC to respond to us?
California1. We are a Subcontractor and work under a GC. Our contract states that we are 'paid when paid' by GC from owner within 10 days. Trying to figure out if there is a proper time to file the intent to lien or the actual lien. For example. if it is July and we are still awaiting a payment from April's draw- is this normal protocol to file a lien?
2. What is the stance on filing a mechanic's lien for retention close the the 30 day AFTER the notice of completion is filed?
CaliforniaWe supplied equipment and training and are completely done on the project, but it is on-going and will be for another year. Do we need to file a claim before the notice of completion?
Californiais 20 days: 20 working days or 20 calendar days?
We have never worked for a developer before and began work on a project that the City of Riverside owns. We never filed a preliminary notice as we are used to dealing with city and utility company and have never had a problem with payments. This developer is now balking at paying us. It has been 20 calendar days since we completed our portion of the work, but not 20 working days. Is it too late to file preliminary notice?
CaliforniaI am a material supplier and filed a stop notice for a job with the County of San Diego and received the following message: "We have received your legal notice under Civil Code Section 9350 et Seq., dated June 19, 2020, claiming an amount due for work furnished to Prime Contractor (optional Power and Cable Solutions) pursuant to a public works contract. The legal provisions cited in this notice are not applicable, because the agreement between the County and Optional Power and Cable solutions was for a purchase of goods and not a public works contract."
Also, A Third party company placed the order for the County, and the county installed the materials themselves. The county did not require the third party company to provide a performance bond. Was I supposed to file a lien instead of a Stop Notice?
CaliforniaI am a small california Sub-contractor who has finished the work under the contract. I called the owners to let them know that i will be filing a lien on the project due to non payment. The contract was for $50,000 and to date i've been paid only $17,000 and the owners are paying the Prime contractor out of pocket so no lender is involved. They ( the owners) have already paid the Prime Contractors 2/3 of the amount of the contract with the Prime Contractor. They were unaware of the non-payment and not sure what to do. The Prime Contractors have told me that they have not been paid and that when they get paid i will get paid through emails over last couple of months. Can I file a stop Notice- public for this project to the Owners / Prime Contractors and the Surity Company? The owners have already had other Sub contractors file Mechanic Liens recently on the project. This is a residential project in a declared fire Disaster area. I also did the 20 day pre lien notice.
Respectfully , Dan
Precision Concrete
CaliforniaThe original balance on a job we did was $45,275.10. The preliminary notice was filed in a timely manner by Levelset. We have been paid everything but the retention of $4527.50. It seems "bad form" to file a stop notice because of retention, but what is the right thing to do?
CaliforniaWe performed work on a job that recently filed a NOC. We have not been paid in full on the work performed. We were hired directly by the owner. We filed a prelim notice when the job started, however, upon some recent research, we found that the owner refinanced there lending mid project. Therefore, we are in the mist of filing a stop payment notice, however, because our prelim was filed with the original lender, this is who would receive the stop payment. How do we proceed with something like this? Do we update our stop payment notice to note the new lender? Even though we did not send a prelim to them. We have already reached out to the owner and asked for payment and they aren't responsive.
CaliforniaWe are a subcontractor on a "public" job in Hawaii. The General Contractor was terminated from the job. Can we file a Stop Notice in Hawaii? Hawaii law is unclear if this mechanism is possible.
Thank you,
Patrick
Hawaii