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Latest Mechanics Lien Law and News

Mechanic’s Lien Update–Don’t Include Freebies

We are all used to filing a mechanic's lien for all the unpaid services, both labor, materials and equipment. But during almost any construction project, there are instances in which, for customer relations, you agree to reduce portions of the bill or not include certain items. But if you are not subsequently paid, can you retract those offers and ask for the full amount? The answer is yes. Assume the following example. You are performing a kitchen remodel and the ...
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California Mechanic’s Lien–Does a General Have to Serve a 20 Day Notice?

We are all familiar with the requirement of subcontractors and suppliers serving a preliminary 20 day notice at the beginning of a California construction project in order to later record a California mechanic's lien.  The general rule is typically if you are a general contractor with direct privity with the owner, you do not have to serve such a notice. But, are there any other instances in which a general must serve a 20-Day? There may be in the area ...
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Mechanic’s Lien News–How to Treat the Construction Lender

When recording a mechanic's lien, a question arises as to whether you should also serve the construction lender. Here are some general pointers. First, we have to define who is a construction lender. It is only a lending institution that specifically funds the construction process. So for example, if you are Mr. and Mrs. Smith and are doing a remodel and are using your own funds or a personal loan secured by real estate, it is not within the definition ...
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