Legal Question in Construction Law in California
Lien Release form format
Do I have to use the Lien Release form provided by the owner if it is in the verbage of the contract? My understanding is that I can use my own form? Is there a section of the law that I could find and print to give to them?
3 Answers from Attorneys
Re: Lien Release form format
The forms of the Mechanic's Lien releases for conditional and unconditional progress payments and final payments are set forth in civil code section 3262. The owner should insist on this form because it is proscribed by the statute and contains certain language which if omitted in the owner's form may invalidate the release.
Best of Luck
E. Leonard Fruchter
Re: Lien Release form format
The forms of the Mechanic's Lien releases for conditional and unconditional progress payments and final payments are set forth in civil code section 3262. The owner should insist on this form because it is proscribed by the statute and contains certain language which if omitted in the owner's form may invalidate the release.
Best of Luck
E. Leonard Fruchter
Re: Lien Release form format
I think Mr. Fruchter meant "prescribed" instead of "proscribed." An easy typo to make, but the two words have almost opposite meanings.
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