My bonded drywall sub was paid in full, but failed to pay supplier who filed lien/foreclosure. Can I recover from bond co?
Christopher's answer
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Answered on January 13, 2019
There are various issues to consider. One of the first issues to determine whether the supplier timely served you with a preliminary notice. Yes,...
Archived
CALIF/ Does the Preliminary Notice need to be served prior and separately from the Mechanics Lien?
Christopher's answer
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Answered on December 27, 2018
It is possible it is valid depending on when the work was initiated and when it was finished. A valid preliminary notice covers labor and materials...
Can a contractor file a mechanics lien outside of the 90 day window?
Christopher's answer
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Answered on October 30, 2018
No, the right to record a lien has passed. You will need pursue the credit card company claim and/or a breach of contract action against your...
I received a California Preliminary Notice from a materials supplier what should I do?
Christopher's answer
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Answered on September 25, 2018
Ask for your contractor to provide you with a Conditional Waiver and Release Upon Final payment completed by the supplier before making your next...
Can I sue a surety bond insurance company along with the contractor who has no assets?
Christopher's answer
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Answered on September 25, 2018
Yes, you can sue the license bond surety and your contractor to try to recover up to $15,000.00. It would be interesting to know why the surety...
Archived
How do I remove a mechanic's lien on my property? I had a problem with my flooring contractor. I wasn't happy with the job.
Christopher's answer
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Answered on September 21, 2018
The civil code allows you to file a petition to remove the Mechanics Lien and recover your attorney’s fees. It may be a good idea to first demand...
Archived
Can I file a lien against an owner if the contract states that the Subcontractor indemnifies san saves the contractor or owner ?
Christopher's answer
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Answered on August 28, 2018
Though the indemnity provision you quoted from appears to be overbroad, it likely means that if there are claims as a result of your work (e.g.,...
Archived
Can a general contractor not pay a sub after the job has been complete for over 6 months due to non-payment from the bank?
Christopher's answer
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Answered on August 24, 2018
Assuming the project is still ongoing or has been recently completed (within the last 90 days), you likely have a valid mechanics lien right, and...
Archived
I did work on property but the owner died how can I file a lein.
Christopher's answer
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Answered on August 24, 2018
Assuming you were properly licensed and completed your work within the last 90 days, you may still be able to record a mechanics lien. You can...
Archived
What are my rights and what can I do to make sure I get paid?
Christopher's answer
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Answered on August 21, 2018
Assuming you are properly licensed, I would record a lien; it is amazing how fast an owner will get you paid when you enforce your constitutional...
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