Notice of Intent to File? Not in California!

In California you don't need to do a Notice of Intent to File before filing your mechanic's lien, stop notice or bond claim


The California Mechanic's Lien Law changed effective January 2011, requiring extensive changes to the process (and, because of the changes, has rendered the response to the question below as no longer correct). The new 2011 California Mechanic's Lien form package (Mechanic's Lien form, Mechanic's Lien Release form, Mechanic's Lien Partial Release form, Mechanic's Lien Withdrawal form, Notice of Mechanic's Lien, and Proof of Service Affidavit, along with an in-depth discussion of the new law), is available now. If you do not follow the new process beginning January 1 2011, then your mechanic's lien will not be valid.



Dear Diane:

I am looking for the construction form Notice of Intent to File a Lien Stop Notice or Bond Claim.

I do not see that form on your website. Do you carry it?

Thanks
Sandi
Performance Piping, Inc.

Dear Sandi:

No I don't have that construction form but there's a good reason... :)

In California it is not required to send a Notice of Intent to Lien or to file a Stop Notice or to file a Bond Claim. :)

We have found that the best way to get the non-paying customer's attention is to go ahead and fill out the mechanic's lien form and then fax a copy to the customer. It's amazing sometimes how quickly you get a response when they see that you've already filled in the form!

For a more official answer, I asked my attorney and here's his response:

No document with that name exists in California. The only required document in California is the "20-Day Preliminary Notice," which must be served within 20 days after a claimant first provides any benefit to a project (I won't go into all of the other rules affecting preliminary notices).

The term referred to by your customer may be a term used in another state for a document that is very similar to our Preliminary Notice?

(In California) Once a preliminary notice is effectively served, the only remaining step is to properly serve a stop notice, record a mechanic's lien, or pursue a bond claim within the deadlines associated with each of these statutory collection remedies.

There are also lawsuit deadlines for each of these remedies.

Thank you to Dave Barnier for the above response. :) 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 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.

Purchase:
California Mechanic's Lien Form - Instant Download
Purchase:
California 20-Day Preliminary Notice Forms - Instant Download