CALIFORNIA

MICROSOFT® Word™ Individual Notice Solutions

Notice Of Commencement

A Notice of Commencement announces that work is starting for the the improvement on a home building or remodeling project. This notice provides interested parties in the construction project with legal party information needed to follow the construction lien procedures properly. A copy of the Notice of Commencement should be posted at a conspicuous place at the job site.

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Preliminary Notice – Private Works

CALIFORNIA Civil Code §§ 8034(a), 8102, 8200 et seq. mandates that a Preliminary Notice – Private Works must be served by Subcontractors (not in direct contract with the property owner) to all legal parties on a project (Customer, Owner, General Contractor, Lender) within twenty (20) days after first furnishing construction related labor, services, equipment or materials. Delivery to the Owner (other legal parties recommended) must be by Certified Mail or personal delivery. In the event of non delivery, the returned envelope serves as proof of delivery.

Effective July 1, 2012, Direct Contractors must send a Preliminary Notice – Private Works when there is a known lender on a project.

Each day after the 20th day, you lose 1/20 of your financial interest in the financial value of construction related labor, services, equipment or materials your company provided for the project. A Preliminary Notice may be given out at a later point in time, but your financial recovery for a Mechanic’s Lien, if filed, can only be for the 20 day period prior to the Preliminary Notice being filed.

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Conditional Waiver And Release Upon Final Payment

CALIFORNIA Civil Code § 3262(d)(3) mandates that you issue a Conditional Waiver And Release Upon Final Payment to the Owner and any other legal parties requesting a copy after a promise is made for full and final payment for labor or materials provided for a project. You can always issue a Unconditional Waiver And Release Upon Final Payment after the check clears.

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Conditional Waiver And Release Upon Progress Payment

CALIFORNIA Civil Code § 3262(d)(1) mandates that you issue a Conditional Waiver And Release Upon Progress Payment to the Owner and any other legal parties requesting a copy after a promise is made for partial payment for labor or materials provided for a project through a certain date. You can always issue a Unconditional Waiver And Release Upon Progress Payment after the check clears.

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Unconditional Waiver And Release Upon Final Payment

CALIFORNIA Civil Code § 3262(d)(4) mandates that you issue a Unconditional Waiver And Release Upon Final Payment to the Owner and any other legal parties requesting a copy after receiving full and final payment for labor or materials provided for a project. You forfeit your lien rights in the event you are not paid – issue only after payment clears the bank.

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Notice Of Intent

Use a Notice Of Intent to notify all legal parties (Owner, Lender, Customer, Lender/Surety) for a Private or Public Project that a Mechanic’s Lien, Stop Notice or Bond Claim will be filed if payment is not received by a stated deadline, usually ten (10) days.

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Mechanic’s Lien – Private Work

CALIFORNIA Civil Code § 3084 mandates that a Mechanic’s Lien (Private Work) can be recorded at any time upon completion of a project. It is recorded at the County Recorders Office in the county where a project you provided construction related labor, services, equipment or materials. If the Owner has recorded a Notice of Completion or a Notice of Cessation, you have sixty (60) days to file a Mechanic’s Lien (Private Work) with the County Recorders Office (General Contractor) and thirty (30) days for all other Subcontractors. If a Notice of Completion or a Notice Of Cessation has not been recorded by the Owner, you have ninety (90) days after completion of the entire project to file a Mechanic’s Lien (Private Work) with the County Recorders Office.

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Partial Release Of Mechanic’s Lien

A notarized Partial Release Of Mechanic’s Lien is used if you receive a partial payment for a previously recorded Mechanic’s Lien. File it at the Recorder’s Office in the County where your work of improvement occurred. Send copies after it is recorded to all the legal parties for the project.

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Release Of Mechanic’s Lien

A notarized Release Of Mechanic’s Lien is used if you are paid in full for a previously recorded Mechanic’s Lien. File it at the Recorder’s Office in the County where your work of improvement occurred. Send copies after it is recorded to all the legal parties for the project.

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Stop Notice – Private Work

CALIFORNIA Civil Code §§ 3103, 3156-3214 mandates that you serve a Stop Notice – Private Work on the Owner and Lender/Surety upon completion of your work. You have thirty (30) days if the Owner has recorded a Notice Of Completion or a Notice Of Cessation Of Labor. You have up to ninety (90) days if the before mentioned notices are not filed and (a) the project is actually completed, or; (b) labor ceases and Public Entity uses the work of improvement, or (c) Public Entity accepts improvement, or; (d) labor ceases for a continuous period of sixty (60) days.

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Stop Notice – Public Work

CALIFORNIA Civil Code §§ 3103, 3156-3214 mandates that you serve a Stop Notice – Public Work on the Public Entity, Prime Contractor and Lender/Surety upon completion of your work. You have thirty (30) days if the Public Entity has recorded a Notice Of Completion or a Notice Of Cessation Of Labor. You have up to ninety (90) days if the before mentioned notices are not filed and (a) the project is actually completed, or; (b) labor ceases and Public Entity uses the work of improvement, or (c) Public Entity accepts improvement, or; (d) labor ceases for a continuous period of sixty (60) days.

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Notice Of Claim On Bond (Public Project)

CALIFORNIA Civil Code § 3227 mandates that if a 20-Day Preliminary Notice is not delivered to all the legal parties on a public improvement project (Public Entity, Customer, General/Prime Contractor, Lender/Surety, a Notice Of Claim On Bond must be delivered by Certified Mailed or personal service within fifteen (15) days that a Notice Of Completion is recorded. If no Notice Of Completion is recorded, a Notice Of Claim On Bond must be delivered by Certified Mailed or personal service within seventy-five (75) days after completion of providing equipment, labor, materials or services for a public improvement project.

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Retraction Of Preliminary 20 Day Notice (Private Work)

CALIFORNIA Civil Code §3098 mandates that a Preliminary 20-Day Notice (Private Work) must be served by Subcontractors (not in direct contract with the property owner) to all legal parties on a project (Customer, Owner, General Contractor, Lender) within twenty (20) days after first furnishing construction related labor, services, equipment or materials. Delivery to the Owner (other legal parties recommended) must be by Certified Mail or personal delivery. In the event of non delivery, the returned envelope serves as proof of delivery.

Each day after the 20th day, you lose 1/20 of your financial interest in the financial value of construction related labor, services, equipment or materials your company provided for the project. A Preliminary Notice may be given out at a later point in time, but your financial recovery for a Mechanic’s Lien, if filed, can only be for the 20 day period prior to the Preliminary Notice being filed.

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Retraction Of Preliminary 20-Day Notice (Public Work)

CALIFORNIA Civil Code §3098 mandates that a Preliminary 20-Day Notice (Public Works Project) must be served by Subcontractors (not in direct contract with the public entity) to all legal parties on a project (Public Entity/Authority, General/Prime Contractor, Lender/Surety) within twenty (20) days after first furnishing construction related labor, services, equipment or materials. Delivery to the General Contractor (other legal parties recommended) must be by Certified Mail or personal delivery. In the event of non delivery, the returned envelope serves as proof of delivery.

Each day after the 20th day, you lose 1/20 of your financial interest in the financial value of construction related labor, services, equipment or materials your company provided for the project. A Preliminary Notice may be given out at a later point in time, but your financial recovery for a Bond Claim or Stop Notice, if filed, can only be for the 20 day period prior to the Preliminary Notice being filed.

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Unconditional Waiver and Release Upon Progress Payment

CALIFORNIA Civil Code § 3262(d)(2) mandates that you issue a Unconditional Waiver And Release Upon Progress Payment to the Owner and any other legal parties requesting a copy after receiving partial payment for labor or materials provided for a project through a certain date. You forfeit your lien rights in the event you are not paid – issue only after payment clears the bank.

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DISCLAIMER: In no event shall TRADITION SOFTWARE, INC. be liable to anyone for any problem, claim or loss arising out of the purchase and subsequent use of the State notices produced by MICROSOFT® Word™ and PreLien2Lien that are available for purchase on this website. TRADITION SOFTWARE, INC. is not engaged in practicing law nor does TRADITION SOFTWARE, INC. provide legal advice.