Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?
When working on federal public works construction projects there are no Stop Payment Notice or Mechanics Lien remedies available to … Continued
Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is correct. The owner or the contractor will not be held liable for injuries caused by his or her independent contractor. However, this is not always the case.
The Importance of a Notice of Completion to Contractors, Subcontractors and Suppliers
The recording of a valid “Notice of Completion” with the County Recorder is an event of significance to owners, contractors, subcontractors and suppliers alike. The recording of a Notice of Completion is one of several methods used to trigger the time period for the recording of mechanics liens and service of stop payment notices. Although the recording of a Notice of Completion is not absolutely required on any given project, all those working in the construction industry should understand its significance.
The Importance of Preliminary Notices on Private Works Projects
Time and time again I receive calls from subcontractors and suppliers who find themselves faced with a customer who is either unwilling or unable to pay for labor or materials supplied for a private works project. As an attorney, the first question I usually ask is “did you serve a Preliminary Notice?” The second question I usually ask is “did you serve the Notice within twenty (20) days after first furnishing labor, service, equipment or materials to the job site?” The answers to these questions will often determine the ability to collect on the claim.
Preliminary Notices: Common Avoidable But Fatal Mistakes
In the California building and construction industry, the “Preliminary Notice” is an absolute prerequisite for Subcontractors and Suppliers to protect their right to be paid for work performed and materials provided to a construction project. Without the proper drafting and service of a Preliminary Notice, Subcontractors and Suppliers cannot protect their right to payment using such indispensable collection remedies as the Mechanics Lien, Stop Payment Notice and Payment Bond Claim.
The Notice of Non-Responsibility: Only Limited Protection from Contractor, Subcontractor or Supplier Mechanics Lien Claims
The Notice of Non-Responsibility: Only Limited Protection from Contractor, Subcontractor or Supplier Mechanics Lien Claims In California, a powerful legal … Continued
The Dangers of an Unlicensed Contractor from Every Angle
The Dangers of an Unlicensed Contractor from Every Angle The State of California requires that contractors in the building trades … Continued
Project Completion Determines Mechanics Lien Recording Deadline
The California Mechanics Lien is one of the most valuable collection devices available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California Private Works project. The mechanics lien allows the claimant to sell the property where the work was performed in order to obtain payment. The process starts with the recording of a mechanics lien in the office of the County Recorder where the property in question is located. As noted below, certain deadlines must be met.
