Charles Murawski
E-Mail: cmurawski@cwlawyers.com
Bonded Protection for Subcontractors and Material Suppliers
In California, a general contractor must file a payment bond on all public works projects over $25,000. Payment bonds are a form of guarantee ensuring that a subcontractor or supplier will be reimbursed for costs incurred on a public works project, including interest and attorney’s fees if a lawsuit becomes necessary. In the event a [...]
Bankruptcy Can Take A Toll On A Mechanics Lien Claim
Generally, once a mechanics lien is recorded, a lien claimant must file an action to foreclose on the lien within 90 days of the recording date. If a claimant fails to file an action within that time period, his or her lien rights are automatically forfeited. But what happens if a mechanics lien is recorded [...]
The Participating Owner — Leased Responsibility
Under California law, contractors and materialmen may record a mechanics’ lien against real property when improvements are made “at the instance” of the owner or his agent. But what happens if the improvements are made “at the instance” of a landlord’s tenant and the tenant is later unable to pay? Generally, if the property is [...]
Don’t Stamp Out Your Lien Rights!
Over the past few months, proof of service affidavits have come across my desk bearing signatures that were obviously the product of a rubber stamp. In fact, one “signature” was stamped in block letters. Clearly, the purpose of the stamped signatures is to streamline the preparation and service of the preliminary notices and reduce writer’s cramp.
