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In California, contractors and suppliers cannot waive their lien rights in their contract before work begins. They can waive their rights after they have been paid for work completed. Unconditional lien waivers are valid, but only if they follow the form provided by Californian statutes.
Ing to California State Law, documents can only be viewed in the Clerk Recorder office. You will be able to view the images of recorded documents involving your name to find out if a lien has been placed against you or if a recorded lien has been released.
No, California lien waivers do not need to be notarized, even though it's common for businesses to ask that waivers be notarized.
A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State. We will not release expired liens.
A lien can result when the prime contractor (referred to as a "direct contractor" in mechanics lien revision statutes, effective July 1, 2012) has not paid subcontractors, laborers, or suppliers. Legally, the homeowner is ultimately responsible for payment ? even if they already have paid the direct contractor.
The direct contractor is required to get release signatures for you from the potential lien claimants. After you pay, the contractor should provide you with an unconditional release signed by each of the claimants paid for the portion of the work being released.
A lien waiver is a document from a contractor, subcontractor, material supplier, equipment lessor or other party to the construction project regarding payment. This document waives lien rights on the owner's property for stated amounts and time periods.