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What is a Preliminary 20 Day Notice?

Preliminary 20 Day Notice

What is a Preliminary 20 Day Notice? A Preliminary 20 Day Notice is a document sent by subcontractors, suppliers, and other construction parties to the property owner and/or general contractor to inform them of their involvement on a project and to secure lien rights in Arizona and California. Is the Preliminary 20 Day Notice Special? […]

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Proposed Assembly Bill Affects Residential Solar Projects in California

Proposed Assembly Bill Affects Residential Solar Projects in California

Green construction is on the rise nationwide, and California is leading the charge. From a recent mandate for solar panels at Muscle Beach to legislation reserving solar ready rooftop space, the state of California is one of the leaders in promoting environmentally conscious projects. However, recently proposed legislation has made the process of installing solar panels on […]

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Surprise! You Have A Breach Of Contract Claim

Which States Have the Most Challenging Lien Law?

The basic concept of contract law is that if a party breaches a contract, the other parties to the agreement have a claim against the breaching party. This is called having privity. Recently though, courts have started to allow non-party claims against breaching parties. This has come to be known as the third-party beneficiary doctrine. […]

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Securing Lien Rights in California: A Fact Sheet

Securing Lien Rights in California Fact Sheet

Securing lien rights in California can be more challenging than in other states. California has strict preliminary notice requirements that apply to almost everyone involved on private construction projects. Failing to submit California’s required 20 day preliminary notice can severely limit and even invalidate the right to file a mechanics lien for material suppliers, equipment lessors, laborers, […]

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Reduced Retainage Is Not Released Retainage

construction financial manager review

Many states, like California, manage the amount of retainage withheld on public projects. In California, no more than 5% of the contract price may be withheld. Also, the normal practice is that after 50% of the project has been completed, no more retainage will be withheld. Therefore, public owners will calculate how much retainage needs […]

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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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Clarification Of California’s 90 Day Claim Rule

Meeting deadlines can make or break a contractor when dealing with mechanics liens. Every state has different deadlines that must be met when it comes to notices and filings, but the language of that state’s mechanics lien statute greatly dictates when the countdown to many of these deadlines start. In California, a contractor must record […]

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California Prompt Payment Split Continues

Collecting and keeping the relationship

In April 2015, we wrote an article about the split in California concerning what constitutes a “good faith dispute” when dealing with retention and prompt payment. Since then, the split has continued with the most recent decision being handed down in December 2015. Prompt Payment in California In California, a direct contractor must pay a […]

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Should You Monitor for a California Notice of Completion?

Can California Mechanic Liens Be Enforced In Small Claims Court?

There are companies out there who purport to have services that monitor Notice of Completion filings in California. While it is absolutely imperative to know when a Notice of Completion is filed on your project (because it limits the time within which a mechanic’s lien must be filed), these services are not necessary because the property owner […]

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Miller Act Rights Not Easily Waived

General Contractors and Subcontractor Legal Rights

The U.S. Miller Act  gives subcontractors, suppliers, and laborers a bond claim on federal projects. The Act requires that a payment bond be posted by the prime contractor for every federal project. Think of the bond as a pile of money. When a contractor or subcontractor goes unpaid, they have a claim against this pile […]

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