Workbook Table Of Contents

COLLECTING YOUR MONEY THROUGH THE USE OF MECHANIC'S LIENS, STOP PAYMENT NOTICES, AND BONDS, INCLUDING AN EXPLANATION OF BONDING, WAIVERS AND RELEASES

TABLE OF CONTENTS

I. INTRODUCTION
II. GENERAL EXPLANATION
III. BASIS FOR A MECHANIC'S LIEN
IV. REALITIES
V. VARIOUS REMEDIES AND PROCEDURES
A. Pre-Lien Procedures
1. Preliminary 2-Day Notice (Private Works)
2. Preliminary 2-Day Notice (Public Works)
3. Method of Service (Private and Public)
a. Private
b. Public
4. Timing of Service (Private and Public Works)
B.Mechanic's Lien
1. Timing
2. Notices That Can Impact Your Ability to Record a Lien or File a Stop Payment Notice
a. Notice of Non-Responsibility
b. Notice of Completion
i. What is Completion?
c. Notice of Cessation
3. Preparing and Recording Your Mechanic's Lien
4. Foreclosure Proceedings
5. Extension of Credit
6. Release of Mechanic's Lien
7. Partial Release of Mechanic's Lien
C. Stop Payment Notices
1. Private Works
a. Preparation
b. Bonding of the Stop Notice
c. Time for Service
d. Timing for a Lawsuit
e. Releases
2. Public Works
D. Bonds
1. Payment and Performance Bonds
2. Performance Bonds
3. Payment Bonds
4. Filing a Lawsuit Against the Surety Bond Company
E. Federal Public Works
1. Generalities
2. Notice
3. Labor and Materials
4. Filing Suit on Payment Bond
5. Attorneys Fees
VI. WAIVER & RELEASES
A. How These Releases Work
B. Statutory Releases May Not Release Contract Claims
VII. CLOSING REMARKS

APPENDIX A - ATTACHMENT "A" TO CALIFORNIA PRELIMINARY NOTICE (PRIVATE WORKS)

APPENDIX B - PRELIMINARY NOTICE (PRIVATE WORKS)

APPENDIX C - PRELIMINARY NOTICE (PUBLIC WORKS)

APPENDIX D - MECHANIC'S LIEN

APPENDIX E - MECHANIC'S LIEN FLOW CHART - DIRECT CONTRACTOR WORKING FOR AN OWNER/BUILDER - PRIVATE WORKS

APPENDIX F - MECHANIC'S LIEN FLOW CHART - SUBCONTRACTORS AND MATERIAL SUPPLIERS - PRIVATE WORKS

APPENDIX G - NOTICE OF NON-RESPONSIBILITY

APPENDIX H - NOTICE OF COMPLETION

APPENDIX I - NOTICE OF CESSATION

APPENDIX J - NOTICE OF EXTENSION OF CREDIT

APPENDIX K - RELEASE OF MECHANIC'S LIEN

APPENDIX L - PARTIAL RELEASE OF MECHANIC'S LIEN

APPENDIX M - STOP PAYMENT NOTICE - PRIVATE WORKS

APPENDIX N - STOP PAYMENT NOTICE - PUBLIC WORKS

APPENDIX O - STOP PAYMENT NOTICE FLOW CHART - SUBCONTRACTORS AND MATERIAL SUPPLIERS - PUBLIC WORKS

APPENDIX P - STOP PAYMENT NOTICE FLOW CHART - SUBCONTRACTORS AND MATERIAL SUPPLIERS - PRIVATE WORKS

APPENDIX Q - STOP PAYMENT NOTICE FLOW CHART - SUBCONTRACTORS AND MATERIAL SUPPLIERS - PUBLIC WORKS RELEASE OF STOP PAYMENT NOTICE - PRIVATE WORKS

APPENDIX R - PARTIAL RELEASE OF STOP PAYMENT NOTICE - PRIVATE WORKS

APPENDIX S - RELEASE OF STOP PAYMENT NOTICE - PRIVATE WORKS

APPENDIX T - PARTIAL RELEASE OF STOP PAYMENT NOTICE - PUBLIC WORKS

APPENDIX U - RELEASE OF STOP PAYMENT NOTICE - PUBLIC WORKS

APPENDIX V - MILLER ACT NOTICE

APPENDIX W - UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

APPENDIX X - CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

APPENDIX Y - UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

APPENDIX Z - CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

APPENDIX AA - CHANGE ORDER - DIRECT CONTRACTOR & OWNER

APPENDIX BB - CHANGE ORDER - SUBCONTRACTOR & DIRECT CONTRACTOR

APPENDIX CC - PROOF OF SERVICE AFFIDAVIT