San Jose California Construction or Mechanics Lien Package - Individual

State:
California
City:
San Jose
Control #:
CA-P091-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package is designed to assist a sole proprietor who provides labor,
materials or services to improve real property in recovering money owed
through a lien on the improved property. This package includes (1)
Information about the Construction or Mechanics Lien Procedure, (2) Forms
List, (3) Description of Forms, (4) Tips on completing the forms using form
fields, (5) Forms, and (6) Access to a Law Summary for your state. This
package does NOT include forms for the owner of the improved property.


Construction Lien package containing the forms needed by sole proprietors
who are suppliers of materials and services to impose a lien on the improved
property. This package does NOT include forms for the owner of the improved
property.

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  • Preview California Construction or Mechanics Lien Package - Individual
  • Preview California Construction or Mechanics Lien Package - Individual
  • Preview California Construction or Mechanics Lien Package - Individual
  • Preview California Construction or Mechanics Lien Package - Individual
  • Preview California Construction or Mechanics Lien Package - Individual

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FAQ

Filing your own lien in California also goes through county offices. Filing your mechanics lien with the project's county recorders' office can cost between $95 and $125, depending on the project's location.

If a license is required for the work performed, an unlicensed contractor NOT ONLY cannot file a valid mechanics lien, but s/he also cannot file suit to recover, either. In California, unlicensed contractors are not entitled to be paid ? period ? for anything, and will be thrown out of court if they sue to get paid.

Contractors, suppliers, and other parties can only claim a mechanics lien for funds mentioned in written contracts.

To attach a lien to real estate, the creditor can take or mail the Abstract of Judgment to the county recorder's office in any California county where the debtor owns real estate now, or may own it in the future.

California is exceptionally strict regarding licensing requirements and the ability of unpaid construction participants to recover money owed. If a license is required for the work performed, an unlicensed contractor NOT ONLY cannot file a valid mechanics lien, but s/he also cannot file suit to recover, either.

Preparing the California Lien Form. Download a free Claim of Lien form. Video: Preparing the lien form. Information to include on a California Mechanics Lien Form. The lien claim amount.Serve your lien on the property owner. Prepare a Proof of Service Affidavit. File the lien with the county recorder's office.

A person who uses an unlicensed contractor may sue the contractor to recover all money paid for the work they performed. A contractor may not sue a property owner to recover compensation for work on a contract unless he or she was licensed at all times while performing the work.

Also be aware that consumers are not legally required to pay a person who is not state-licensed, and cannot be sued for non-payment. If a licensed contractor can't resolve a disagreement with a consumer, CSLB offers tools ranging from on-site negotiation to mediation and arbitration.

Once a mechanic's lien is recorded, it attaches to your title and must be removed. As previously mentioned, if you recorded a Notice of Completion, a prime contractor has 60 days to record a lien while a subcontractor or materials supplier has 30 days to record a lien.

In California, subcontractors and suppliers must serve a preliminary notice in order to preserve their right to file a mechanics lien in the future. This ?Preliminary 20-day Notice?, as it's commonly called, must be served on the owner, general contractor and, if applicable to the project, the construction lender.

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San Jose California Construction or Mechanics Lien Package - Individual