I just had some concrete work done on my house. I paid the licensed contractor in full with checks. I still have the copies of the discriptive contract and copies the checks. Now i just received a preliminary lien notice from the concrete company. Please let me know what to do. Thanks
Speak to the contractor about why the concrete supplier did not get paid. A preliminary lien notice is not a lien it is the 20-day notice a subcontractor or supplier must send to the owner before they can record a mechanics lien.
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You don't need to do anything at this time. The licensed subcontractor has not yet recorded or filed a lien on your house. The subcontractor only sent you the Preliminary 20-Day Notice. A Preliminary 20-Day Notice is required from the subcontractor or supplier if there is a chance that they MAY need to file a mechanic's lien. The Notice states that the subcontractor or supplier has provided or will be providing goods and services to improve your property and could file a lien claim if they are not paid. If subcontractors and suppliers don't provide you with the notice, they lose the right to file a lien.
See the link below for more background information about mechanic's liens in California.
Assuming that the document you received is a 20 day preliminary lien notice, what you should ask the contractor to do is provide you with a document called an "unconditional lien release on final payment" from the concrete subcontractor, the general contractor, and anyone else who provided you with a similar twenty day preliminary lien notice. The form of the notice is specified by Civil Code section 3262.
The regulations of Contractors State License Board and California Law require a general contractor to pay subs and suppliers within 10 days of your payment. Since you provide no time frame to the facts you present. You may want to keep that in mind when you make your demand for the lien release from the supplier.
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