Legal Question in Construction Law in California
Notice of Completion
I built a large custom home for a friend/client on a verbal agreement, ''costs plus fee''. At the end of the project he decides to re-invent the terms of our fee agreement, albeit it is verbal I have three years of invoice's showing the original and ongoing terms and payments. My Company is a design build business so I drew and supplied the plans , procured the permits,completed the inspections,and contracts from tradesmen were written to my company. I completed the project to the point that the inspection card for the job was signed off ''finaled'' by the local juristiction as to the projects components of ''their'' concern or purview, but the project was not completed. I continued on with numerous items that the owner wanted done so his house could be a turn-key project. I was still obtaining materials and paying tradesman for their work along with my fee and being paid by the owner, for 60 days more. Unknown to me, the owner with job permit card in hand went and filed the notice of completion with the county's recorder the same day as the job card inspection was performed so as to start the clock on mechanics leans, does his actions represent the actual notice of completion.
2 Answers from Attorneys
Re: Notice of Completion
You may have legal grounds to challenge the notice of completion. But even if the notice of completion is valid, there was a law that went into effect on 01/01/04 that requires the property owner to send you a file-stamped copy of the notice of completion by certified mail.
After recording the notice of completion, the owner must send a copy to the general contractor and anybody of who served a 20-day preliminary notice. Failure to do so extends the deadline to record a mechanic's lien by 90 days.
Re: Notice of Completion
Mr. Starrett is correct. Moreover, even if your time to file a lien has passed, this doesn't mean you don't still have legal actions available against the guy.
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