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Construction Payment Remedies

Construction Payment Remedies. Kevin R. Carlin Carlin Law Group, APC 409 Camino del Rio South Suite #303 San Diego, California 92108 (619) 615-5325. Ways for Contractor’s to Protect Payment Rights. A. Private Works. 1. Mechanic’s Lien. 2. Bonded Stop Notice.

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Construction Payment Remedies

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  1. Construction Payment Remedies Kevin R. Carlin Carlin Law Group, APC 409 Camino del Rio South Suite #303 San Diego, California 92108 (619) 615-5325 Perkins & Miltner, LLP

  2. Ways for Contractor’s to Protect Payment Rights A. Private Works • 1. Mechanic’s Lien • 2. Bonded Stop Notice • 3. Payment Bond • B. State and Local Public Works • 1. Stop Notice • 2. Payment Bond • C. Federal Jobs • 1. Miller Act Payment Bond

  3. Steps to Perfect Mechanic’s Lien Claim • File Preliminary Notice • Record Claim of Lien • File Action to Foreclose Claim of Lien • File Lis Pendens in Proper County • File Action if Lien Release Bond is Recorded

  4. Steps to Perfect Stop Notice on Private Work • File Preliminary Notice (if required) • Obtain Stop Notice Bond • Serve Stop Notice • File Action to Enforce Stop Notice • Serve Notice of Commencement of Stop Notice Action

  5. Steps to Perfect Stop Notice on State Public Works • File Preliminary Notice (if required) • Serve Stop Notice • File Action to Enforce Stop Notice • Serve Notice of Commencement of Stop Notice Action

  6. Requirements for Action on Private Work Payment Bond • File Preliminary Notice • Commence Action of Recovery Under Bond

  7. Requirements for Action on State Public Work Payment Bond • File Preliminary Notice (if required) • Commence Action for Recovery Under Bond

  8. Steps to Bring Miller Act Payment Bond Claim • File Preliminary Notice (if required) • Commence Action for Recovery Under Bond

  9. Contractor’s License Bond Complaint Claimant must file suit within 2 years after expiration of license period during which the violation, act or omission occurred. Business & Professions Code § 7071.11

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