Randall Owen Parent's Answers

Randall Owen Parent
Oakland Construction / Development Lawyer.
Contributor Level 5

4

Attorney answers:

  1. Randall Owen Parent
  2. Barbara Peyton
  3. Michael Bernard Rover

Does a material supplier have lien rights when selling to a sub of another sub?

Asked by a user in Huntington Beach, CA - over 2 years ago.

Mechanic's liens are not available on public works projects. (CC 3109.) The only remedies available to claimants on public works are stop notices and actions on payment bonds. (CC 3179-3214.) A timely stop notice by a supplier causes the public entity to withhold the amount from payments to the general. General can bond around or secure a stop notice release from the supplier -- otherwise funds won't be released. Of course, stop notices are only effective if filed before the general has...

1 person marked this answer as helpful

4

Attorney answers:

  1. Randall Owen Parent
  2. Barbara Peyton
  3. Michael Bernard Rover

Does a material supplier have lien rights when selling to a sub of another sub?

Asked by a user in Huntington Beach, CA - over 2 years ago.

Generally yes, however you should consult with an attorney regarding the specific facts. Here is some info I hope you find helpful. Public Projects: To preserve the right to file a stop notice, you must file a preliminary notice with the general contractor and punblic entity within 20 days of delivering material to the job site. To pursue a claim on a public project, you must meet three requirements: (1) furnish materials with understanding they will be used in particular public project, (...

4

Attorney answers:

  1. Joseph Clark Melino
  2. Steven Alan Fink
  3. Randall Owen Parent
  4. Michael Bernard Rover

Problem with California contractor

Asked by a user in San Francisco, CA - over 2 years ago.

Sounds like you have a mess that will be difficult to clean up. By knowingly agreeing for the contractor to perform work without permits, you have made it difficult to complain to authorities. It sounds like what you want is for the contractor to finish the agreed upon work at the agreed upon price, but you don't have the agreement in writing. It will be tough to enforce. And, it sounds like you have paid for more work than has been accomplished, so you have lost the leverage that comes...