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Should You Monitor for a California Notice of Completion?

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…

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Miller Act Rights Not Easily Waived

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…

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California Amendment To Home Improvement Salesperson Registration Process

Home Improvement Salespersons (HIS) are entities that persons employed to sell home improvement contracts. The California Code defines HIS as
a person employed by a home improvement contractor licensed under this chapter to solicit, sell, negotiate, or execute contracts for home improvements, for the sale, installation or furnishing of home improvement goods or services, or…

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How To Financially Protect Yourself As A Design Professional

Design professionals are a unique part of the construction industry. Why? Because these individuals and firms conduct work many times prior to the actual commencement of construction. Other times, they are hired as supervising agents. Because of these unique roles, design professionals can be treated differently in a legal sense….

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California Preliminary Notice: The Why, Who, What, When, and How

Preliminary notices are the building blocks to the mechanics lien process. Subcontractors and suppliers (and sometimes general contractors and design professionals) must send notice to protect their ability to file a lien. General contractors, property owners, and lenders rely on notices to paint a picture of who is working on…

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California Courts Push Right to Repair Act In The Right Direction

California’s Right to Repair Act (Cal. Civ. Code § 895 et seq.) is designed to provide homeowners with exclusive remedy for damages arising out of certain construction defect claims. Originally, California courts in Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 1194, had ruled that homeowners could file common…

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Did True Detective Just Use Liens as a Major Plot Point?

WARNING: Massive spoilers for the television show True Detective are in this article. Read at your own risk.

 

 

 

It’s not often that massively popular television shows reference liens. It’s even more unconventional that a television show as wildly popular and controversial as True Detective uses liens as a major plot point….

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Mechanics Lien Law 2015: A Trend Toward Fairness

2014 was a busy year for mechanics lien law, with significant changes either enacted or contemplated in a large number of states. Changes ranged from providing a more clear definition of what constitutes the “commencement” of an improvement in Nevada, to the creation of an entirely new-from-the-ground-up mechanics lien law…

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