Legal Question in Construction Law in California
I have a contract with an contractor and that contract is still on going. and I owe money to the local union that I will pay when I get paid. Now I have two new projects with a new contractor and have not started on these projects yet. the local union file a stop payment on the new two new projects that no money was owned is legal.
Asked on 3/04/11, 5:21 am
1 Answer from Attorneys
It is not legal. Civil Code section 3111, which is the section that authorizes union trust funds to assert mechanics liens and stop notices, expressly provides that the rights relate only to the work of improvement for which the union contributions are owed. They have no right to file a stop notice or record a mechanics lien on other works of improvement, whether you have started work or not.
Answered on 3/04/11, 7:53 am
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