Insurance & LiensQuestion 1489 of 1632

An owner learns that a tenant has ordered work on the property without the owner's authorization. To limit exposure to mechanics liens, the owner records and posts:

a.A stop payment notice served on that tenant
b.A preliminary notice given to the contractor
c.A notice of completion recorded at the finish
d.A notice of non-responsibility, verified

Explanation

Civil Code §8444(a) lets an owner of the property, or a person claiming an interest in it, that did not contract for the work of improvement give notice of nonresponsibility; it must be signed and verified, state the nature of the owner's title or interest, name any purchaser under contract or lessee known to the owner, and state that the person giving it is not responsible for claims arising from the work. §8444(e) is the trap: the notice is ineffective unless, within 10 days after the owner learns of the work, the owner BOTH posts it on the site and records it. (a) and (b) are claimants' instruments, not an owner's. (c) is the owner's completion filing, which shortens the deadlines in §8412 and §8414 but disclaims nothing.

Law Reference: Civ. Code §8444

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