Legal Question in Construction Law in California
Stop Notice
After filing a 20 day preliminary notice, my company sent a stop notice to a general contractor approximately 91 days after supplying material to a subcontractor (our customer). To our knowledge a notice of compeltion has not yet been filed. What is the next step required to protect our rights and help us to secure payment.
1 Answer from Attorneys
Re: Stop Notice
A lawsuit must be filed to perfect the stop notice. The suit must be filed no later than 90 days after the deadline for filing mechanic's liens. Thus, depending on cercumstances including A) Whether a Notice of Completion or a Notice of Cessation of Labor have been recorded or B) if the job has been completed, or C) if the job is not complete but ther has been a cessation of labor, the mechanic's lien deadline can be as short as 30 days or as long as 150 days. You should talk with a construction attorney to determine the best course to follow.
I wonder why you have not filed a Mechanic's lien? This would give you a two prong attack.
Best of Luck
E. Leonard Fruchter
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20 day preliminary notice how to proceed with 20 day prelim Asked 4/30/08, 7:27 pm in United States California Construction Law
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