I received this in an email from Michael Pallamary...(I wasn't sure if he was going to post it on here or not, so I'm sorry if I stole any thunder from him)
From his email:
"This is a case to ponder. Note they cite the NOLTE case from California."
"Preparatory work which was performed by a civil engineering firm, including engineering studies, surveys, creation of parcel maps and drawings, and the placement of temporary stakes, did not rise to the level of "work done" of a kind that would permit a mechanic's lien to attach."
Lien Case from Nevada
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pls7809
- Posts: 1035
- Joined: Tue Apr 13, 2004 3:48 pm
- Location: Chino, CA
Lien Case from Nevada
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Ryan Versteeg, PLS, CFedS
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mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
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land butcher
- Posts: 1615
- Joined: Fri Jul 26, 2002 7:26 pm
- Location: calif
Interesting. Guess we need a special "Professional services lien" law.
Or better yet settle these things with the proper representation, Colt, Smith & Wesson & Baretta dispute solvers.
Or better yet settle these things with the proper representation, Colt, Smith & Wesson & Baretta dispute solvers.
Defund govt
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?
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Michael J Foley
- Posts: 20
- Joined: Sat Oct 19, 2002 10:16 am
- Location: San Ramon, CA
Design Professional Lien Law
Professional Land Surveyors DO fall under the Design Professional Lien Law in CA, not Mechanics Lien Law. (Although under the right conditions, a DPL may become a ML but don’t hold me to this part as I have not researched this in some time.)
The law went under a major change effective July 1, 2012.
Also if a Land Surveyor DOES file a Mechanics Lien and does not have standing he/she could be libel for slander of title. Watch out here!
Here are the Civil Code Section Links. (BTW the old system of searching CA Codes is not working, the new method is not very good for pulling entire sections!)
The main part of the DPL law.
http://www.leginfo.ca.gov/cgi-bin/displ ... =8300-8319
Defines who can file Design Professional Lien. Section 8014
http://www.leginfo.ca.gov/cgi-bin/displ ... =8000-8050
The law went under a major change effective July 1, 2012.
Also if a Land Surveyor DOES file a Mechanics Lien and does not have standing he/she could be libel for slander of title. Watch out here!
Here are the Civil Code Section Links. (BTW the old system of searching CA Codes is not working, the new method is not very good for pulling entire sections!)
The main part of the DPL law.
http://www.leginfo.ca.gov/cgi-bin/displ ... =8300-8319
Defines who can file Design Professional Lien. Section 8014
http://www.leginfo.ca.gov/cgi-bin/displ ... =8000-8050
Michael J. Foley, PLS 5777
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Dave Karoly, PLS
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- Joined: Fri Aug 30, 2002 6:26 pm
- Location: Sacramento
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land butcher
- Posts: 1615
- Joined: Fri Jul 26, 2002 7:26 pm
- Location: calif
This is cute
(c) A design professional may not record a claim of lien, and a
lien may not be created, under this chapter unless a building permit
or other governmental approval in furtherance of the work of
improvement has been obtained in connection with or utilizing the
services provided by the design professional.
(c) A design professional may not record a claim of lien, and a
lien may not be created, under this chapter unless a building permit
or other governmental approval in furtherance of the work of
improvement has been obtained in connection with or utilizing the
services provided by the design professional.
Defund govt
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?