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Only a handful of states require lien waivers to be notarized. In California, this not only is this not required but could also potentially invalidate the lien waiver. Don't make mistakes with your lien waivers that can cost your business millions like Zachry Construction.
How to fill out a California Conditional Waiver and Release on Progress Payment Name of Claimant. Write your full business name. Name of Customer. Write the full name of the party who hired you. Job Location. ... Owner. ... Through Date. ... Maker of Check. ... Amount of Check $ ... Check Payable to.
Here is a field-by-field breakdown of this form: Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. ... Name of Customer. ... Job Location. ... Owner. ... Amount of the Check. ... Check Payable To. ... Exceptions. ... Claimant's Signature.
Court Petition to Release the Property Lien If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien.
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 lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested or personally served on each of the parties.
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.
No, California lien waivers do not need to be notarized, even though it's common for businesses to ask that waivers be notarized.