Abdulaziz, Grossbart & Rudman - Workbook Table Of Contents

Workbook Table Of Contents

TABLE OF CONTENTS
copyright protected, all rights reserved

I. INTRODUCTION

II. GENERAL EXPLANATION

III. BASIS FOR A MECHANIC’S LIEN

IV. REALITIES

V. VARIOUS REMEDIES AND PROCEDURES

A. Pre-Lien Procedures

1. Preliminary 20-Day Notice (Private Works)

2. Preliminary 20-Day Notice (Public Works)

3. Method of Service (Private and Public)

a. Private

b. Public

4. Timing of Service (Private and Public Works)

B. Mechanic’s Lien

1. Timing

2. Notices That Can Impact Your Ability to Record a Lien or File a Stop Notice

a. Notice of Non-Responsibility

b. Notice of Completion

c. What is Completion?

d. Notice of Cessation

3. Preparing and Recording Your Mechanic’s Lien

4. Foreclosure Proceedings

5. Extension of Credit

6. Release of Mechanic’s Lien

C. Stop Notices

1. Private Works

a. Preparation

b. Bonding of the Stop Notice

c. Time for Service

d. Timing for a Lawsuit

e. Releases

2. Public Works

D. Bonds

1. Payment and Performance Bonds

2. Performance Bonds

3. Payment Bonds

4. Filing a Lawsuit Against the Surety Bond Company

E. Federal Public Works

1. Generalities

2. Notice

3. Labor and Materials

4. Filing Suit on Payment Bond

5. Attorneys fees

VI. WAIVER & RELEASES

A. History

B. The Halbert's Lumber Case

C. How These New Releases Work

D. Statutory Releases May Not Release Contract Claims

VII. CLOSING REMARKS

APPENDIX A

ATTACHMENT "A" TO CALIFORNIA PRELIMINARY 20-DAY NOTICE (PRIVATE WORKS)

APPENDIX B

CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

APPENDIX C

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

APPENDIX D

MECHANIC’S LIEN

APPENDIX E

MECHANIC’S LIEN FLOW CHART -- PRIME CONTRACTORS OR CONTRACTORS WORKING FOR AN OWNER/BUILDER

APPENDIX F

MECHANIC’S LIEN FLOW CHART -- SUBCONTRACTORS AND MATERIAL SUPPLIERS

APPENDIX G

NOTICE OF CESSATION

APPENDIX H

NOTICE OF COMPLETION

APPENDIX I

NOTICE OF NON-RESPONSIBILITY

APPENDIX J

NOTICE TO BONDING COMPANY

APPENDIX K

PRELIMINARY 20-DAY NOTICE – PUBLIC WORKS

APPENDIX L

PRELIMINARY 20-DAY NOTICE – PRIVATE WORKS

APPENDIX M

PROOF OF SERVICE AFFIDAVIT (SAMPLE)

APPENDIX N

RELEASE OF MECHANIC’S LIEN

APPENDIX O

RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD -- PRIVATE

APPENDIX P

RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD -- PUBLIC

APPENDIX Q

STOP NOTICE

APPENDIX R

STOP NOTICE FLOW CHART – SUBCONTRACTORS AND MATERIAL SUPPLIERS – PUBLIC WORKS OF IMPROVEMENT

APPENDIX S

STOP NOTICE FLOW CHART – SUBCONTRACTORS AND MATERIAL SUPPLIERS – PRIVATE WORKS OF IMPROVEMENT

APPENDIX T

MILLER ACT NOTICE

APPENDIX U

UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

APPENDIX V

UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

APPENDIX W

NOTICE OF EXTENSION OF CREDIT

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