Ask Attorney Dave and Get Answers to your California Construction Legal Questions!
Dave Barnier is an attorney with Barker Olmsted & Barnier , APLC in San Diego California.
Dave's practice includes construction collection practices emphasizing breach of contract claims, mechanic's liens, stop notices and payment bond claims.
You know those business people who are such great people that they end up becoming friends for life? Dave is one of those people.
He's always been so incredibly helpful to us and now he's helping our readers!
Please check out the questions that Dave has already answered here or scroll down a touch to see them listed below and if you don't find what you're looking for, please scroll down past the questions and use the form below to send us your question (please make sure your email address is entered accurately so that we can get back to you). The 3 basic requirements to California mechanic's liensCan I file a mechanic's lien against a property tenant? The top 10 misconceptions about California mechanic's liens Do you need to do a "Notice of Intent to File a Lien" before actually filing a mechanic's lien (or stop notice or bond claim)? Can a subcontractor attach interest to a lien until it is paid? Does 171 days automatically disallow you from filing a mechanic's lien? Can an equipment rental company file a mechanic's lien? Can the supplier of a subcontractor file a mechanic's lien when the supplier didn't do a preliminary notice and the owner will not pay the bill? What can an architect do when his client won't pay the final amount due? How do you change the dollar amount of an existing mechanic's lien? Can a mechanic's lien deadline be extended? Can an unlicensed contractor file a mechanic's lien? What if a California 20-Day Preliminary Notice form sent via certified mail is refused? Are photo-copied signatures on California 20-Day Preliminary Notice Forms okay? Should I amend my California Preliminary Notice Form when the amount of work is increased? Are dollar amounts required on California Preliminary Notice Forms? Should I send the Owner a preliminary notice when he's filed a Notice of Non-Responsibility? Can a subcontractor's supplier file a mechanic's lien when the supplier didn't do a preliminary notice? Can an architect file a lien when the client won't pay the final amount due? Can a single preliminary notice be used for multiple locations? Should I issue an Unconditional Lien Release Waiver when I'm paid with a credit card? Can a stop notice be filed for retention? Can I file a lien on the project to make sure I get paid for damage done to my truck while it was parked on the jobsite? Question about construction mobilization payments What happens when a license holder dies? Can I bid/accept work outside my contractors license classification?
The information contained here is based upon California law and is provided for general information only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in these pages are 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 these articles when analyzing any specific situation affecting you or your business. Please do retain an attorney to obtain professional advice for your specific situation.
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