Legal Question in Construction Law in California
I have filed my Mechanics Lien, Do I need an attorney'' and how do I file a Stop
I am a provate contractor who just recently did a foundation for a private party (customer), he has been tring every method possible in order not to pay me for the Job I have done. I have filed a Mechanics Lien, (the 20 day notice was built into my contract that the customer signed), anyway should I file a stop work notice and how do I do that? and do I need an attorney to file suit in court?
2 Answers from Attorneys
Re: I have filed my Mechanics Lien, Do I need an attorney'' and how do I file a
There are several requirements to enforce a mechanic's lien with strict time limitations. You would be well served by obtining representation. Call me directly at (619) 222-3504.
Re: I have filed my Mechanics Lien, Do I need an attorney'' and how do I file a
You may be mixing up two different remedies. There is a stop work order and a stop notice.
Yes, you should file a stop work order. It provides important protections. If you are still under contract to provide more services, you should serve a stop work order. How to do so is pretty difficult to explain in a few sentences. You should go to Civil Code section 3260.2 and follow the requirements.
I rarely see stop notices served in private works. This is probably because most owners will ignore them unless a bond is posted.
Foreclosing on the lien must be done quite quickly, usually within 90 days of recording the lien. If your claim is for $5000 or less, I'd recommend going to small claims court.
Deadlines are all over the place in mechanics lien cases, so it's pretty difficult for a layperson to handle these cases outside of small claims. If you're going to hire an attorney, hire a local guy who has definite construction law experience.
By the way, the 20 day notice you mention, which is also called a preliminary notice, isn't necessary when you have a direct contract with the owner. It's purpose is to inform an owner of someone whom they are unaware of, such as a subcontractor or supplier.