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California Amendment To Home Improvement Salesperson Registration Process

California Mechanics Lien Resources

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 of swimming pools, spas, […]

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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. Certain states limit or do […]

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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 their projects. California has a […]

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California Courts Push Right to Repair Act In The Right Direction

Home Construction Is Growing - Send Your Notices

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 law claims outside of the […]

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

Vince Vaughn plays Frank Semyon, a property owner in True Detective

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. The […]

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Dispute over “Disputes” – What’s More Fair in CA Prompt Pay Law?

In order to gain some protection against paying for disputed or insufficient work, or from claims made by subcontractors and suppliers, public entities are allowed to withhold certain funds otherwise due to contractors. However, this ability to retain funds is strictly controlled and regulated by the state’s retainage laws, and works in conjunction with specific requirements […]

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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 scheme in Mississippi. So far […]

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California Court Allows Subordination of Mechanics Lien to Deed of Trust

Mechanics liens are powerful tools to secure payment, but in some situations, it’s ultimately a lien’s priority that determines whether or not the lien claimant will be paid. If proceeds from a foreclosure sale are insufficient to cover all encumbrances against the property, parties at the end of the priority line can be left out in […]

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California Prompt Payment Statutes Can Lead To Significant Penalties

The laws, rules, and regulations surrounding construction payment are complex, indicate, and can have significant consequences if not followed. As well as providing remedies for nonpayment (such as the security provided by mechanics liens) there are specific rules related to the time in which specific payment must be made, what percentage of the contract may […]

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New California Notary Wording Means Changes for Lien Releases

Mechanics liens in California are not specifically required to be notarized in order to be valid. In fact, the confusing requirement that a California mechanics lien be “verified” but it’s not required to be “notarized” has been the subject of numerous articles and FAQ answers. A California mechanics lien release, however, should be notarized. This […]

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