Virgin Islands Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

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US-01039BG
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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 contractor is informing the claimant that he is contesting complainant's claim and sending a copy of this notice to the holder of the constructions funds.


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 mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers.

Like a notice of completion, once a notice of cessation is recorded a prime contractor has 60 days (instead of 90) from the date the notice is recorded to record a lien; and the other claimants have only 30 days (instead of 90) from the date the notice is recorded to record a lien and/ or serve a stop notice.

A bonded stop notice is defined as a stop notice given to a con- struction lender that is accompanied by a bond in a penal sum equal to 1.25 times the amount of the claim. 5 A construction lender is only obligated to withhold funds from an owner/borrower if properly served with a bonded stop notice.

A stop notice is a document given for the purpose of stopping, intercepting, or freezing funds that have not yet been paid on a construction project in an attempt to ensure payment.

A Notice of Cessation is used when work has temporarily halted for more than 30 days. (Civil Code §3092 see now Civil Code A§8180, 8214). A Notice of Completion must be recorded in the County Recorder's office after work has actually been completed, as that term is defined in Civil Code A§3086 (see now Civil Code A§8180.)

The Stop Notice must be signed and verified by the claimant or his agent, and contain all of the following information:The type of labor, services, equipment or materials furnished or agreed to be furnished;The name of the person to or for whom the labor, services, equipment or materials were furnished;More items...

A stop payment notice, also known as a stop notice, is given to notify the property owner, general contractor, and/or lender that the claimant has not been paid for their services, materials, or equipment in a construction project.

Learn more about California's 20-day preliminary notice. In California, GCs must file a mechanics lien within 90 days from the completion of the project as a whole. However, if a notice of completion or cessation was filed, the deadline is shortened to 60 days from the date such notice was filed.

A stop notice is sent to the owner to assert your right for the amount yet to be paid out on the project. It lets the owner know you are owed money by the general contractor or a lower tier subcontractor. The effect is the owner must stop payment in the amount of your claim until the claim is resolved.

If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under the contract, and there is no dispute as to the satisfactory performance of the contractor, the contractor may give the owner a stop work notice.

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Virgin Islands Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds