mechanics lien and stop work lien
The General contractor has refused to pay according to the payment schedule of the undersigned CA licensed contractor. I included in my mechanics lien contracted work that is not yet completed on my contract, will this invalidate the lien? Should I have filed a stop work lien first and the mechanics lien after completing job? Can you explain to me if their is an order to this? Thank you.
Re: mechanics lien and stop work lien
No sooner do I type out my last answer when I stumble across case law interpreting the word "completion" in Civil Code section 3115.
Howard S. Wright Construction Co. v. BBIC Investors LLC (Cal. App. 2006) held that "completion" of work occurred when "all work under the contract has been performed, excused or otherwise discharged." In this case, the owner breached the contract early and the contractor filed the lien the next day. Even though the contracted work was not finished, the Court ruled that the contractors work was, nevertheless, "complete" because it was discharged by the owners breach as a matter of law.
The moral of the story is that if your contractor breached the payment terms of your subcontract, and if that was a material breach, it extinguishes your duty to perform and begins the period in which you must record your lien.
I cannot stress enough how important it will be for you to visit a local attorney to work these problems out.
Good luck.
Re: mechanics lien and stop work lien
No sooner do I type out my last answer when I stumble across case law interpreting the word "completion" in Civil Code section 3115.
Howard S. Wright Construction Co. v. BBIC Investors LLC (Cal. App. 2006) held that "completion" of work occurred when "all work under the contract has been performed, excused or otherwise discharged." In this case, the owner breached the contract early and the contractor filed the lien the next day. Even though the contracted work was not finished, the Court ruled that the contractors work was, nevertheless, "complete" because it was discharged by the owners breach as a matter of law.
The moral of the story is that if your contractor breached the payment terms of your subcontract, and if that was a material breach, it extinguishes your duty to perform and begins the period in which you must record your lien.
I cannot stress enough how important it will be for you to visit a local attorney to work these problems out.
Good luck.
Re: mechanics lien and stop work lien
No sooner do I type out my last answer when I stumble across case law interpreting the word "completion" in Civil Code section 3115.
Howard S. Wright Construction Co. v. BBIC Investors LLC (Cal. App. 2006) held that "completion" of work occurred when "all work under the contract has been performed, excused or otherwise discharged." In this case, the owner breached the contract early and the contractor filed the lien the next day. Even though the contracted work was not finished, the Court ruled that the contractors work was, nevertheless, "complete" because it was discharged by the owners breach as a matter of law.
The moral of the story is that if your contractor breached the payment terms of your subcontract, and if that was a material breach, it extinguishes your duty to perform and begins the period in which you must record your lien.
I cannot stress enough how important it will be for you to visit a local attorney to work these problems out.
Good luck.
Re: mechanics lien and stop work lien
No sooner do I type out my last answer when I stumble across case law interpreting the word "completion" in Civil Code section 3115.
Howard S. Wright Construction Co. v. BBIC Investors LLC (Cal. App. 2006) held that "completion" of work occurred when "all work under the contract has been performed, excused or otherwise discharged." In this case, the owner breached the contract early and the contractor filed the lien the next day. Even though the contracted work was not finished, the Court ruled that the contractors work was, nevertheless, "complete" because it was discharged by the owners breach as a matter of law.
The moral of the story is that if your contractor breached the payment terms of your subcontract, and if that was a material breach, it extinguishes your duty to perform and begins the period in which you must record your lien.
I cannot stress enough how important it will be for you to visit a local attorney to work these problems out.
Good luck.
