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About LiendispatcherLiendispatcher, Inc., is a California corporation helping individuals and businesses in the construction industry enjoy the protection of mechanics' lien laws – without the hassle of filing the documents. Join Liendispatcher now and start enjoying the convenience – and cost savings – of our online preliminary notices, mechanics liens, labor & materials releases, bond claims and small claims notices. We specialize in the timely and professional filing of these documents. Our professional staff helps you protect your rights by handling the entire process for you, while taking into account the differences in mechanic's lien laws for each state. When you join Liendispatcher, you get access to the following great services:
With our network of partnerships across all 50 states, we can provide service unequaled in the industry. About Mechanics Lien LawsAll 50 states and the District of Columbia have mechanics lien statues. The mechanics lien laws have been implemented across the 50 states yet each state has set their own requirements. These laws are applicable for private work improvements. Mechanics Liens are not allowed on public properties. Who is entitled to the protection of the mechanics lien laws? Any individual that performs labor, skill, or service, or furnishes material or equipment to be used in a work of improvement. This includes Contractors, Subcontractors, Material Suppliers, Equipment Renters, Workers, Architects, Engineers, Surveyors and others that contribute work or materials to a construction project. These individuals can file a claim for the value of their work. In order for these individuals to protect their rights under the mechanics lien laws, they must comply with the requirements set forth by the state where the work is done. In summary, they must follow the state statutory mechanics lien law as it relates to notifications. NotificationsMost states require the following set of notifications to be provided for a given construction project: Notice of CommencementA notice of contract that is filed or recorded by the owner of the property where the project is to be performed. An owner is an individual that has an interest in the real property where the work improvement is located. This document gives notice that work of improvement has started. Preliminary NoticeA potential mechanics lien claimant will issue this notice to the Owner of the property, the Prime Contractor to the Project and the construction Lender. This notice serves the purpose to identify the potential mechanics lien claimant and to identify the materials or work that will be provided. This notice reserves the right to claim a mechanics lien. This notice is also known as a Notice of Furnishing or a Notice of Intent to Furnish. Note: In California, a subcontractor can face disciplinary action by the Contractors State License Board or Registrar of Contractors for not serving a preliminary notice. Mechanics Lien ClaimA document that gives a claimant a security interest in the improved property for labor, services, equipment or materials provided. This document must be filed with the county recorder or county clerk where the work improvement was done. It is a legal document that identifies the project, the owner, and the work and materials provided by the claimant. It must be filed or recorded promptly. It most states, a notice must be given to the owner, prime contractor and construction lender. Notice of CessationThis notice is filed by the owner when work is stopped for various reasons. Generally it is done if the Prime Contractor walks off the job. Potential mechanic lien claimants must protect their rights because a Notice of Cessation creates a deadline for claimants to step forward and be identified. Notice of CompletionThis notice is filed by the owner when work of improvement has ended. It has the effect of reducing the time frame that potential claimants have to file their claim. Small Court ClaimThe individual or business providing labor or materials to a work improvement may comply with the mechanic lien law yet find themselves not getting paid. They must make an assessment at that point as to whether to continue with the foreclosure of the property to collect their monies or to file a suit against the owner in order to collect. A Small Court Claim is an option for amounts under $5,000. Bond ClaimThis is a notice submitted to the surety or bonding company, giving notice that the claimant has not been paid, and will look to the surety to satisfy the debt. Stop Notice
Many states have provided those that have mechanics lien rights on
private jobs with Stop Notice rights on public projects. This notice is
in essence a lien against the funds of the project and not the real
property. The end result of the enforcement of a stop notice is for the
court to order the public agency to pay the amount due to the claimant. |
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