NOTICE OF MECHANICS' LIEN LAW TO OWNER
(For California)
TO: ________________________ FROM:
____________________________
___________________________
____________________________
(STREET ADDRESS) (STREET
ADDRESS)
________________________ ____________________________
CITY
STATE ZIP CITY STATE ZIP
________________________ ____________________________
TELEPHONE/FAX TELEPHONE/FAX
DESCRIPTION OF WORK IMPROVEMENT: _______________________________
_____________________________________________________________________.
NOTICE TO OWNER
Under The California Mechanics' Lien Law any
contractor, subcontractor, laborer, supplier or other person or entity who
helps to improve your property, but is not paid for his/her work or supplies,
has a right to place a lien on your home, land, or property where the work was
performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property
could be sold by a court officer and the proceeds of the sale used to satisfy
what you owe. This can happen even if
you have paid your contractor in full if the subcontractors, laborers or
suppliers remain unpaid.
To preserve their right to file a claim or lien
against your property, certain claimants such as subcontractors or material
suppliers are each required to provide you with a document called a
"Preliminary Notice."
Contractors and laborers who contract with owners directly do not have
to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against
your property. Its purpose is to notify
you of persons or entities that may have a right to file a lien against your
property if they are not paid. In order
to perfect their lien rights, a contractor, subcontractor, supplier, or laborer
must file a mechanic's lien with the county recorder which then becomes a
recorded lien against your property.
Generally, the maximum time allowed for filing a mechanics' lien against
your property is 90 days after substantial completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR
PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a
payment and performance bond (not a license bond), which provides that the
bonding company will either complete the project or pay damages up to the
amount of the bond. This payment and
performance bond as well as a copy of the construction contract should be filed
with the county recorder for your further protection. The payment and performance bond will usually cost from one (1)
to five (5) percent of the contract amount depending on the contractor's bonding
ability. If a contractor cannot obtain
such bonding, it may indicate his or her financial incapacity.
(2) Require that payments be made directly to
subcontractors and material suppliers through a joint control. Funding services may be available, for a
fee, in your area which will establish voucher or other means of payment to
your contractor. These services may
also provide you with lien waivers and other forms of protection. Any joint control agreement should include
the addendum approved by the registrar.
(3) Issue joint checks for payment, made out to both
your contractor and subcontractors or material suppliers involved in the
project. The joint checks should be
made payable to the persons or entities which send preliminary notices to
you. These persons or entities have indicated
that they may have lien rights on your property, therefore you need to protect
yourself. This will help to insure that
all persons due payment are actually paid.
(4) Upon making payment on any completed phase of
the project, and before making any further payments, require your contractor to
provide you with unconditional "Waiver and Release" forms signed by
each material supplier, subcontractor and laborer involved in that portion of
the work for which payment was made.
Most stationery stores will sell the "Waiver and Release"
forms if your contractor does not have them.
The material suppliers, subcontractors, and laborers that you obtain
releases from are those persons or entities who have filed preliminary notices
with you. If you are not certain of the
material suppliers, subcontractors, and laborers working on your project, you
may obtain a list from your contractor.
On projects involving improvements to a single family residence or a
duplex owned by individuals, the persons signing these releases lose the right
to file a mechanics' lien claim against your property. In other types of
construction, this protection may still be important, but may not be as
complete. To protect yourself under
this option, you must be certain that all material suppliers, subcontractors,
and laborers have signed the "Waiver and Release" form. If a
mechanics' lien has been filed against your property, it can only be
voluntarily released by a recorded "Release of Mechanics' Lien"
signed by the person or entity that filed the mechanics' lien against your
property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until
any and all such liens are removed.
YOU SHOULD CONSULT AN ATTORNEY IF A LIEN IS FILED
AGAINST YOUR PROPERTY.
METHOD OF TRANSMITTAL:
[ ] U.S. Mail [ ] First Class [ ] Certified
[ ] FAX/Phone # _________________ [ ] Federal Express
[ ] Personal Delivery. [ ] United
Parcel Service
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CONTRACTOR DATE
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OWNER DATE
