Form for Preliminary Notice of Lien

[Gromatici]

Does anyone have one of these they would like to share? Do you have to file it with the Recorder of the County that the site/ower is in?

Thanks!

[mpallamary]

Good luck and move fast.

[Lee Hixson]

Thanks for the forms, Michael.

Would it be fair to summarize the CA Code this way: If the preliminary notice is filled out and presented to your client, and you get them to sign it at the same time as they sign your contract, then all the bases are covered?

In other words, just make it an automatic companion to your contract.

Lee

[mpallamary]

I would not recommend that. As I don't know your role and relationship, I am not certain what position you are in. You may have a senior privilege under a conventional Mechanics Lien. Are you a subcontractor? There are distinctions between the forms, when to file them and who can file them. Time permitting, I will see if I can send something. You have to be careful with these.

[Lee Hixson]

My question was posed as an independent surveyor contracting with a private client.

[land butcher]

Like Mike says, each doc is different and thanks to lawyers take the time to read the fine print.
It's been years since I have had need of them so I can't offer any currant advise.

I do know the courts are pretty good with getting you paid by a client stiffing you.

[bruce hall]

for construction projects where I am a sub to the general or have a contract with the owner. I just send it to the owner, the general contractor who I normally have the contract with, and if I know the lender a copy to them.

They don't sign a thing. If my contract was with the owner, I would just send it to him and the lender. If no lender, then just the owner.

Probably in your situation a mechanics lien will cover you if you have some type of a blurb in the contract documents. Fred Crowe, LS 3698, in Elsinore used to have a little blurb on his work order that was signed by the client that mentioned "mechanics liens". This was back in 69 and 70 and it was in bold type. He wanted the client to know that he could file this type of lien.

Maybe Willard will chime in. He probably knows the answer.

[Anthony Maffia]

IIRC, if you are in contract with the property owner, then you can file the lien much later. If not, then a preliminary mechanic's lien must be filed when you start work.

Here's some more information:

Mechanic's Liens And Other California Construction Remedies
Nov. 10, 2000, Fresno, by Jurkovich, McGee & Moss
http://www.kmulaw.com/articles/112000seminar.pdf

Introduction to Professional Liens, Porter Law Group
http://porterlaw.com/architect_engineer ... _liens.htm

[mpallamary]

Excellent input. I am sorry I could not add more earlier. I have been in trial.

Still pretty busy and tied up. This is all great advice!

[Lee Hixson]

Thanks for the links and input. I am revising my contract and will let an attorney give it his/her blessing.

[mpallamary]

Good luck!