I am an architect who is having difficulty with the
final payment of fees from a client in Riverside County. Can I file a
20-day lien notice and then a lien for the final fees due? I have been
employed on this project for over a year.
Thanks,
Ted Powell
Preliminary Lien Notices / Pre-Liens Word and PDF versions
Construction-Business-Forms.com |
There are a lot of variables that will affect the answer to this question but I'll try to make some assumptions.
A 20-day preliminary notice was not required if your client was the sole property owner.
If
your client was anyone other than the property owner, then lien rights
would only exist for work provided after the date that is 20 days prior
to the date on which you served the property owner with a preliminary
notice.
The right to lien depends upon the status of the
project. Has construction begun? If not, you might still be able to
record a design professional's lien.
If construction has begun, is the project completed? If not, then an immediately recorded lien will be timely.
--
Thank you to Dave Barnier for the above information. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
The information in this article is based upon California law current at the time of writing and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
If the address on the Grant Deed is
different than the address on the prelim information given to us by the
General Contractor, who do we send it to?
The Who, What, When, Where, Why, and How - not necessarily in that order :o)
Just because you missed the deadline doesn't mean that all is lost!
A preliminary lien notice won't do you any good if they don't go to the correct entities.
Unfortunately, a prelim is required to file a lien, even if you're a supplier.
Arizona requires preliminary liens prior to mechanic's liens.
What should you do? Do you still have lien rights?
Do you have to do a preliminary notice for change orders?
I am an architect who is having difficulty with the final payment of fees...
Did someone refuse your preliminary lien notice?
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California 20-Day Preliminary Lien Notice
Construction-Business-Forms.com |
Make sure the $ amount on the prelim is as accurate as possible
Why you should serve the owner with a prelim even if he posts a notice of non-responsibility
Can the signature on a preliminary notice be a copy/fax or must it be 'wet'/original?
Is it better to amend the notice, or issue a new one?
California 20-Day Preliminary Notices
Construction-Business-Forms.com |
When working in Arizona be sure to timely serve the preliminary notice *to the correct parties* or there could be trouble
Preliminary liens can help save you from being 'stiffed' on the job!
Research property records when doing your preliminary notices
Thoughts about using a company that handles your preliminary notices for you
A detailed step-by-step explanation of how to process preliminary notices
Tracking the paperwork, the proof of service, and the USPS documents for prelims
California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Make sure your prelims go to the correct entities
Mishandling of, or not processing, preliminary liens is one of the top 10 mistakes contractors make
At one time the California preliminary notice form was mandated by California to be titled "20-Day
Preliminary Notice Form" (exactly, word for word). The California mandate has since changed and
the form is now known as the "Preliminary Notice Form" (again, exactly, word for word). Make sure what your state requires and make sure your forms are valid.
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