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Latest Mechanics Lien Law and News

New California Mechanics Lien Law on 7/1/2012; General Contractors to Serve a Preliminary Notice if There is a Construction Lender

  For decades the California mechanic’s lien statutes made it clear a general contractor was not required to serve a pre-lien notice. It was only for subcontractors and suppliers. The California state legislature has modified the California mechanics lien statutes effective July 1, 2012 requiring such a notice to be served under certain circumstances.                              What are the circumstances?  In a private work of improvement, that notice is served by a general contractor if there is a construction lender. Without ...
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California Mechanics Lien. When to file.

 As is commonly known, a mechanic’s lien in California filed by a general contractor or sub/supplier, is recorded in the recorder’s office of the county in which the project is located. In most cases, that must be within 90 days of completion of the overall work of job. However, if a notice of completion has been recorded, general contractors have 60 days and subcontractors have 30 days to record their California mechanic’s lien. That aspect of the law is commonly ...
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Texas Mechanics Lien. Can it Be Discharged?

After a mechanics lien in Texas lien is filed, is there anyway an owner can bring a motion in court to discharge it before trial?  There certainly is, but it is important to understand the limitations. This involves Texas mechanics lien statute 19(6) which allows the owner to apply for a summary discharge order. Many think it is a “mini trial” in which the amount of the mechanics lien, how much services were performed, back-charges, contested change orders, and other ...
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