Which claimant is generally NOT required to serve a preliminary notice to preserve a mechanics lien?
Explicación
Civil Code §8200(e)(1) excuses a laborer from giving preliminary notice, and §8200(e)(2) excuses a claimant with a direct contractual relationship with the owner from notifying anyone but the construction lender. §8024 defines laborer as a person who, acting as an employee, performs labor on or bestows skill on a work of improvement, and extends the term to a fund owed part of that compensation. (a), (b) and (c) all lack an owner contract, so each must serve the owner, the direct contractor, and the lender within the §8204(a) 20 days — and an equipment lessor is the one people most often assume is exempt, when §8400(d) gives it a lien right on exactly the same conditions as anyone else.
Referencia Legal: Civ. Code §8200(e) / §8024Practica las 1632 preguntas gratis — sin registro.
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Preguntas relacionadas de este tema
- 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?
- 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?
- 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?
- After recording a mechanics lien, within what period must the claimant file a lawsuit (action) to foreclose the lien, or the lien becomes unenforceable?
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