[fakie99]

Just curoius - How many of you go through the lein/notice of commencemnt process (different by state I'm sure) with your install customers. Here in MI, contractors are supposed to furnish clients with a notice of commencement/furnishing (or something like that) prior to doing the work so that if the client defualts, a lein can be placed against the property for materials costs.

I have never gone through this process with a client prior to the job, and I don't know of any smaller contractors who do. Anyone do this on a regular basis?

Thanks

[Dale Wiley]

Every job we do.

If we/you don't, you usually lose your right to lien the property for non payment.

I have to furnish a notice of information with every quote, a notice of right to lien at contract signing.

I take it a step farther and get signed recipits for each notice.

We then also use a Quality Assurance Report, Job Acceptance form that the cleints signs off on at completion.

Maintenance clients sign a contract, and if you have to collect from them its, off to court.

All you have to do is lose a portion of or an entire job and you will find out the notices are no problem to do.

[sleepy]

28. NOTICE TO OWNER
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or materials suppliers are each required to provide you with a document called a “Preliminary Notice”. Contractors and laborers who contract with Owners directly do not have to provide such notice since you are aware of their existence as an Owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.

TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY,
YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:

(1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor’s bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.

(2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area, which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar.

(3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.

(4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional “Waiver and Release” forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the “Waiver and Release” forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single family residence or a duplex owned by the individuals, the persons signing these releases lose the right to file a mechanics’ lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete.

To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the “Waiver and Release” form. If a mechanics’ lien has been filed against your property, it can only be voluntarily released by a recorded “Release of Mechanics’ Lien” signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.







Initials__________ Initials__________


Page 7 of 10

[sleepy]

dont you love the paper stuff? :~

[Stonehenge]

We have a single paragraph in the legaleze of our contract asserting our lien rights.

That'd be a lot of paper if I asked each client to sign a 10-pager.

[fakie99]

that would certainly be a nice way of doing it jeff. but here in mi, if these docs aren't filed at the beginning of a project, i cannot lien a property i've worked on.

in essence i am gambling that i'll get paid - i just can't see going thru all the filings and associated bs on a prject that might take us two days.....