California Certificate of Satisfaction of Stop Notice Claim or Notice to Withhold Funds

State:
Multi-State
Control #:
US-01040BG
Format:
Word; 
Rich Text
Instant download

Description

The right to execute and deliver a stop notice or a notice to withhold funds is a remedy closely related to a mechanic's lien. When a stop notice or a notice to withhold funds is received by an individual or a firm holding the construction funds for a project, the individual or firm must withhold from its disbursements sufficient money to satisfy the stop notice claim. In this form, the claimant is informing the appropriate court clerk that he has settled the claim and is authorizing the court clerk to discharge of record the Stop Notice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Stop Notice procedures involve three basic steps: First: If you are not the general contractor, serving a preliminary 20-day notice; Second: Serving the Stop Notice; and. Third: Filing a lawsuit to enforce the Stop Notice.

The stop work notice must be served personally or by certified mail on the contractor and the director of the department which let the contract for the state of California, or the public disbursing officer responsible to make payments under the contract, or with the body by whom the contract was awarded.

?Stop work notice? means notice given under this article by a direct contractor to an owner that the contractor will stop work if the amount owed the contractor is not paid within 10 days after notice is given.

A Stop payment notice, is a verified written notice signed by the claimant which formally notifies the property owner that the claimant has not been paid for their labor, services, equipments, or materials provided to the construction project.

An original signed copy is recorded at the county, and copies of the recorded document are sent to the project owner, general contractor, and contractors and suppliers who provided preliminary notices. Copies must be sent via certified or registered mail, so you have proof of when the notice was mailed.

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California Certificate of Satisfaction of Stop Notice Claim or Notice to Withhold Funds