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Latest Mechanics Lien Law and News

Does a California Mechanic’s Lien Have to be Notarized?

The simple answer is no. For decades, the law requires only that the California mechanic’s lien be verified, which is similar to signing under penalty of perjury. In other words, a California recitation verifying the truth of the statements contained therein. However California mechanics lien law does not require a notary seal. Thus, the applicable California statute reads: Civil Code 8416 (b) A claim of mechanics lien in otherwise proper form, verified and containing the information required in subdivision (a), ...
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Can a Mechanic’s Lien be Filed by a Union for Unpaid Fringe Benefits?

Absolutely not (Well, we will hedge our bet in a moment and talk about one errant case). All such attempts to do so have failed under the theory that the Federal Employee Retirement Income Security Act of 1974 preempts mechanic’s lien law. In other words, it takes precedence over all state laws. This comes from the case of EklecCo v. Iron Workers Locals 40, 170 F 3rd353 (2nd Cir. 1999). The court made it clear that the U.S. Supreme Court ...
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How to Get Information to Fill Out Your California Preliminary 20-Day Notice

Under California’s new law in effect as of  July 1, 2012, as usual subcontractors and suppliers must serve a preliminary notice on the owner, general contractor, and construction lender.  Also under the new law, general contractors must serve the preliminary notice on any construction lender.  But how do we get the information to fill out the form? Here is the rundown:  General Contractor’s Notice Effective July 1, 2012 general contractors on residential and commercial projects must serve a preliminary notice ...
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