Strict Compliance with Statutory Provisions Governing Proof of Service of 20-Day Preliminary Notice is Not Required

In a new case, Hub Construction Specialties, Inc. v. Esperanza Charities, Inc. (filed February 8, 2016, Second District, Div. Eight) 2016 S.O.S. 787, the Court held that under the prior mechanic's lien code (Former Civ. Code, § 3097.1, subd. (a); Stats. 2010, ch....

read more

Can a project owner sue a contractor for slander of title on the basis that the contractor’s mechanic’s lien lacks merit? The answer is no

Project owners facing mechanic's lien claims they believe lack merit will often threaten to retaliate with a slander of title action against the claimant. But the law generally does not allow a slander claim against a lien claimant, even if the claim lacks merit. In a...

read more

Beginning in January 2011 Mechanic’s Lien Claimants will be Required to Serve Project Owners a Specified Notice Before Recording Their Lien

At present, to record a mechanic's lien a claimant need only to complete and execute a claim of lien form and record the same at the county recorder's office in the county where the project was located. The claimant has no obligation to inform the project owner that...

read more

Could California Private Works Stop Notice Claims Be Challenged on Basis That State Stop Notice Law is Preempted by Federal Lending Regulations?

In this era of declining property values, owner abandoned projects, and defaulting developers, the private works stop notice has become a central element in contractor payment claims. The private works stop notice is served on a construction lender along with a bond,...

read more
FindLaw Network