Legal Question in Construction Law in California
I hired a General Contractor after my house burned down. I received from several subcontractaors "California Preliminary Notice" which states that if they are not paid by the General Contractor they can put a lien on my house. The General said once he is paid in full he will provide me with lien releases. I'm concernred that after I pay him in full he may not have paid the subs. Is there any way I can protect my property from liens?
2 Answers from Attorneys
Yes. There are a number of things you can do, depending on how much you trust the contractor balanced with how onerous you really want to make the payment process. On large scale commercial projects with major bank financing there is an elaborate payment process with certified payrolls, complex subcontractor and contractor billing requirements, conditional and unconditional releases for each progress payment and each final payment, and additional requirements such as joint checks when there is any problem with the payments on the job. Without knowing what the scope of the job might be, I could only guess at which of these steps would make sense in the case of your particular project.
My suggestions are: (1) If you have insurance that is paying part or all of the cost, ask the insurance carrier what you should do to protect them and yourself. (2) Look at your written contract for any language that bears upon the subject of subcontractor payment. (If you signed the contractor's boilerplate contract rather than negotiating a mutually-agreeable document, it may not have requirements that the contractor prove he's paid his subs before you pay him, or the equivalent, but look anyway). (3) Establish contacts with the major subs, including those who've filed preliminary notices, and check with them every week or two to verify that they are getting paid in full and on time, and that they are otherwise reasonably happy with the general.
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