California construction legal questions answered by Dave Barnier

Below is a list of the California construction legal questions that David of "Ask Dave" has answered so far. There are plenty more but I haven't had time to get them all posted online yet. If you have a question, or more than one, please send 'em our way.

The three basic requirements to California mechanic's liens
Miss just one of these three requirements and you can lose your lien rights as well as be SUED if you do lien

Is a Subcontractor able to attach interest to a lien until it is paid?
A homeowner inquires about the validity of interest added to a lien filed against his property

The top 10 misconceptions about mechanic's liens
A list of the top 10 misconceptions about mechanic's liens as compiled by David J. Barnier, Esq.

No preliminary notice and now the Owner won't pay
Can the Supplier of a Subcontractor file a lien when they didn't do a preliminary notice and the Owner will not pay the bill?

Non-payment of architectural fees
What can an architect do when his client won't pay the final amount due?

Construction Mobilization Payments
Construction Mobilization Payments and Apartments, Condos and Townhouses

Extending Mechanic's Lien Deadlines
A lien lawsuit extension provides some practical benefit, but ultimately the lien rights are almost certain to be invalidated if a lawsuit is not filed within the 90-day period

Does 171 days automatically disallow you from filing a mechanic's lien?
It's been 171 days since the contractor stopped work on the project due to non-payment. Believe it or not that doesn't necessarily preclude them from filing a mechanic's lien!

Can an equipment rental company file a lien on your property?
Equipment rental companies, preliminary notices and mechanic's liens... Oh My!

Using A Single Preliminary Notice For Multiple Locations
One contract, multiple locations, one prelim notice or several?

Designers and Mechanic's Liens
Can Designer's file mechanic's liens against non-payers?

Certified Preliminary Notice mailings that are refused
California civil code protects you against refused certified mailings of 20-day preliminary notices

Photo-Copied Signatures on California 20-Day Preliminary Notice Forms
The preliminary notice form itself can be a photocopy but the signature must be original or "wet"

Unconditional Lien Release Waivers and Credit Card Payments
What happens when final payment is made to you with a credit card, you issue an unconditional lien release/waiver form to your customer and then your customer disputes the credit card charge? Your lien rights may be lost!

Jobsite Auto Accidents
Her worktruck was damaged on the jobsite by someone else's employee. Can she file a lien on the project to make sure she gets paid for the damages?

Filing Stop Notices On Retention
Can you file a stop notice when the retention isn't yet due?

Amending Preliminary Notices
You've issued your preliminary notice and now your customer is increasing the amount of work he wants done. Should you amend your preliminary notice by sending another one?

Processing a Notice of Intent to File a lien, stop notice or bond claim
Do you need to do a Notice of Intent to File a Lien before filing a lien (or stop notice or bond claim)?

Preliminary Notices and Non-Responsibility Forms
The Owner filed a Notice of Non-Responsibility. Should the contractor/supplier still send the Owner a preliminary notice?

Dollar Amounts on Preliminary Notice Forms
Do you need to include a dollar amount on preliminary notices or can you send it without a dollar amount?

The information in this article 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 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.