California construction legal questions answered by Attorney Dave Barnier

Below is a list of the questions that Dave has answered so far, along with links to the answers as well as links to articles he has written. There are more but I have to get them posted online. If your question isn't answered below, at the end of the list of questions will be a link that'll take you to the form that you'll need to fill out to ask Dave your question(s).

The questions and articles are listed in sections in an effort to help you to quickly find what you need. Currently there are:

California Mechanic's Liens

How long do we need to wait to file a California Mechanic's Lien?

The 3 basic requirements to California mechanic's liens

Can 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?

California 20-Day Preliminary Notices

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?

California Lien Waivers / Releases

Should I issue an Unconditional Lien Release Waiver when I'm paid with a credit card?

California Stop Notices

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?

DISCLAIMER: 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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