Legal Question in Construction Law in California

construction contracts

The roofing contract our roofer gave us does not have a provision for a mechanics lien release should the roofer not pay for materials. How can we protect ourselves?


Asked on 8/02/08, 8:56 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: construction contracts

Demand releases before you pay him. The law requires that the contract provide for lien releases. Regardless of the contract terms, you are entitled to those releases. Note that the supplier is supposed to send you a "PRELIMINARY 20-DAY NOTICE" in order to have the fight to lien the job. However, this notice can be sent up to 20 days after the suppoer has delivered the material. In any event, insist on releases or pay with joint check for your protection.

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Answered on 8/04/08, 1:12 pm


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