On a private project, a subcontractor who has no direct contract with the owner must serve a Preliminary Notice on which parties to preserve mechanics lien rights?
Explicación
Civil Code §8200 requires a claimant without a direct contract with the owner to serve the preliminary notice on the owner or reputed owner, the direct contractor, and the construction lender if there is one; §8204 makes the notice reach back only 20 days, so late service shortens what can be claimed. (b) omits the owner, whose property the lien attaches to. (c) omits the lender, and that omission specifically costs the claimant the bonded stop payment notice against undisbursed loan funds. (d) confuses the preliminary notice with recording — the preliminary notice is served, not recorded, and serving only the party upstream of you is the most common fatal error.
Referencia Legal: Civil Code §8200 / §8204Practica las 1632 preguntas gratis — sin registro.
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Preguntas relacionadas de este tema
- After the owner records a valid Notice of Completion, within how many days must a SUBCONTRACTOR or material supplier record its mechanics lien?
- After a Notice of Completion is recorded on a private work of improvement, the DIRECT (prime) contractor must record its mechanics lien within:
- A preliminary notice must be served within 20 days after the claimant first furnishes labor or materials. What is the primary consequence of serving it late?
- Which claimant is generally NOT required to serve a preliminary notice to preserve a mechanics lien?
- A direct contractor who contracted directly with the owner on a private residential project generally must serve a preliminary notice on which party, if any?
- A payment dispute is resolved and the claimant has been paid. What does it record to clear the mechanics lien from the property?
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