Public Works – California Preliminary Notice
FORM INCLUDED. Within 20 days of beginning a public works project, certain subcontractors and materials suppliers must send a public works preliminary notice (also known as a pre-lien or preliminary 20-day notice) to the public entity owner and direc…
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Public Works – Stop Payment Notice
FORM INCLUDED. A stop payment notice helps secure payment for subcontractors and materials suppliers of public construction projects in California. In cases where the project owner fails to pay for goods or services provided, a stop payment notice re…
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Public Works – Stop Payment Notice – Release of Stop Payment Notice
FORM INCLUDED. A stop payment notice requires the public entity of a public works construction project to withhold payment from the direct contractor in order to ensure there are funds available to pay the claimant. Unpaid subcontractors and material…
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Public Works – Stop Payment Notice – Partial Release of Stop Payment Notice
FORM INCLUDED. If a public entity, contractor or subcontractor provides partial payment in response to a stop payment notice, the claimant may issue a partial reduction or release of the stop payment notice. Like a full release, the partial release s…
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Public Works – Affidavit & Counter Affidavit to Release Stop Payment Notice
AFFIDAVIT EXAMPLE FORM INCLUDED. A direct contractor who has received a stop payment notice from a subcontractor or materials supplier claiming to have not received payment may send an affidavit to the project’s public entity. The affidavit challen…
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Public Works – Payment Bond Claim Notice
FORM INCLUDED. A payment bond claim can be served alongside a stop payment notice as another avenue for a subcontractor or materials supplier to secure payment. Both actions start the clock on the deadline to file a lawsuit, which puts pressure on th…
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Public Works – Payment Bond Claim Notice – Release of Payment Bond Claim Notice
FORM INCLUDED. A claimant who has irrevocably received payment after issuing a payment bond claim must release the payment bond claim. Claimants who have missed the deadline to file for a lawsuit on the payment bond claim may also need to release the…
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BONUS LESSON – Public Works – Public Miller Act Claims
The Miller Act protects the right to payment for certain construction entities who contribute to federal construction projects. Through the Miller Act, subcontractors and materials suppliers who deal directly with the prime contractor or with the fir…
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Additional Remedies – Use of Four Statutory Releases
FOUR FORMS INCLUDED. Owners, contractors, and subcontractors may request one of four release forms in exchange for paying a contractor, subcontractor, or materials supplier of a private or public works construction project. These release forms act as…
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Additional Remedies – Indemnification Clause
EXAMPLE CLAUSE INCLUDED. An indemnity clause, also known as an indemnification clause or a hold-harmless clause, shifts legal and financial obligations from one party to another. Many indemnity clauses seek to shift almost the entire the blame to the…
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Additional Remedies – Notice of Cessation & Notice of Completion
EXAMPLE FORM INCLUDED. Owners or prime contractors of public or private construction projects can record a notice of completion or notice of cessation either with or without notifying potential claimants. Recording this notice accelerates the timelin…
William Porter