Loading...
1997-0811_HOLLAND-LOWE CONSTRUCTION, INC._Preliminary Notice • CALIFORIW 41 PRELIMINARY 20-D "Y NOTICE USE PROOF OF SERVICE AFFIDA' F CALIFORNIA PRELIMINARY 20-DAY NOTICE ACK OF GOLDENROD FILE COPY (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE Co 30 YOU ARE HEREBY NOTIFIED THAT... 15373 BARRANCA PKWY #K103 CONSTRUCTION LENDER or - Reputed Construction Lender, if any e (name and address of person or firm-sender) has furnished or will furnish labor, services, equipment or materials of the following general description: MATERIALS & EOUIPMENT AO. KNOWN LENDER (general description of the labor,services,equipment or materials furnished or to be furnished) for the building,structure or other work of improvement located at: -- RRHARTT.TTATION OF DRT. OBISPO ST. PASEO DE LA PAZ TO AGUACATR RD. AND AGUACATJ RD. TO ALIPAZ ST. 0 FEDERAL PROJECT #STPL-5372(005)1 OWNER or PUBLIC AGENCY (address or description of job site sufficient for identification) Wor Reputed Owner (on public work) (on private work) The name of the person or firm who contracted for the purchase Nof such labor, services, equipment or materials: r , MATERIALS AND EQUIPMENT E CITY OF SAN JUAN CAPISTRANO NOTICE TO PROPERTY OWNER R 32400 PASEO ADELANTO If bills are not paid in full for the labor, services, equipment, or SAN JUAN CAPISTRANO, CA. 92675 materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part L j of your property being so improved may be placed against the Sproperty even though you have paid your contractor in full. You Construction loan no. (if known) may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to FOLD HERE your contractor or (2) any other method or device that is . appropriate under the circumstances. C The person or firm giving this notice is required,pursuant to a collective ORIGINAL CONTRACTOR or bargaining agreement,to pay supplemental fringe benefits into an express trust fund (described in Civil Code §3111), said fund is identified as 0 - , Reputed Contractor, if any follows: (strike if inapplicable) • OPERATING ENGINEERS (name) 100 EAST CORSON HOLLAND—LOWE CONSTRUCTION (ad. 54.E N. MAIN STREET X104--350 PASADENA, Cid. 91109 CORONA, CA. 91720 (name) (address) (name) SUBCONTRACTOR (address) with whom claimant has contracted Mailed this date: AUGTTST 1 1,,,,,)44'7 , 4 f+., HOLLAND—LOWE CONSTRUCTION (signature) (title) 541 N. MAIN STREET #104-350 An estimate of the total price of the labor, services, equipment CORONA, CA. 91720 or materials furnished or to be furnished is: $ 15,000 (PLEASE NOTE REVERSE SIDE) WOLCOTTS FORM 1510Q(Quintuplicate)Rev. 1-95(price class 13E) CALIFORNIA PRELIMINARY 20-DAY NOTICE 01995 WOLCOTTS FORMS,INC. For your assistance the following complete text of Section 3097,Section 3097.1 and Section 3098 of the California Civil Code are you have any doubt as to the usefulness of this form for your purposes you are urged to consult your own attorney. 43097. Preliminary 20-day notice(private work)."Preliminary: notice(private work)"means index of the official records of inty that the instrument secures a construction' ate.ee '`- a written notice from a claimant that is given prior to the recordi mechanic's lien,prior to the (k)Every contractor and sub :or who is required pursuant to a collective bargaining agreement e filing of a stop notice, and prior to asserting a claim against a p..,...,,...bond,and is required to be to pay supplementary fringe t into an express trust fund described in Section 3111,annrwho given under the following circumstances: has failed to do so shall cause to be given to the trust fund and to the construction lender,if any,or (a) Except one under direct contract with the owner or one performing actual labor for wages,or to the reputed construction lender, if any,not later than the date the payment due to the trust fund an express trust fund described in Section 3111, every person who furnishes labor, service, became delinquent,a written notice containing all of the following: equipment,or material for which a lien or payment bond otherwise can be claimed under this title,or (1)The name of the owner and the contractor. for which a notice to withhold can otherwise be given under this title,shall,as a necessary prerequisite 12)A description of the jobsite sufficient for identification. to the validity of any claim of lien,payment bond,and of a notice to withhold,cause to be given to (3)The identity and address of the express trust fund. the owner or reputed owner,to the original contractor,or reputed contractor,to any subcontractors (41 The total number of straight time and overtime hours on each job, payment for which the • with whom the claimant has contracted, and to the construction lender, if any, or to the reputed contractor or subcontractor is delinquent to the express trust. construction lender,if any,a written preliminary notice as prescribed by this section. (51 The amount then past due and owing. (b) Except the contractor, or one performing actual labor for wages, or an express trust fund Failure to give this notice shall constitute grounds for disciplinary action by the Registrar of described in Section 3111, all persons who have a direct contract with the owner and who furnish Contractors. labor,service,equipment,or material for which a lien or payment bond otherwise can be claimed under (I) Every written contract entered into between a property owner and an original contractor shall this title,or for which a notice to withhold can otherwise be given under this title,shall,as a necessary provide space for the owner to enter his or her name and address of residence;and place of business prerequisite to the validity of any claim of lien,claim on a payment bond,and of a notice to withhold, if any.The original contractor shall make available the name and address of residence of the owner cause to be given to the construction lender, if any,or to the reputed construction lender, if any,a to any person seeking to serve the notice specified in subdivision(c). . written preliminary notice as prescribed by this section. (m)Every written contract entered into between a property owner and an original contractor,except (c) The preliminary notice referred to in subdivisions (a) and (b) shall contain the following home improvement contracts and swimming pool contracts subject to Article 10(commencing with information: Section 71 50)of Chapter 9 of Division 3 of the Business and Professions Code,shall provide space (1)A general description of the labor,service,equipment,or materials furnished,or to be furnished, for the owner to enter the name and address of the construction lender or lenders. The original and an estimate of the total price thereof. contractor shall make available the name and address of the construction lender or lenders to any (21 The name and address of the person furnishing that labor,service,equipment,or materials. person seeking to serve the notice specified in subdivision(c).Every contract entered into between 131 The name of the person who contracted for purchase of that labor, service, equipment, or an original contractor and subcontractor,and between subcontractors, shall provide a space for the • materials. name and address of the owner,original contractor,and any construction lender. 141 A description of the jobsite sufficient for identification. (n)Where one or more construction loans are obtained after commencement of construction,the (51 The following statement in boldface type: property owner shall provide the name and address of the construction lender or lenders to each NOTICE TO PROPERTY OWNER person who has given the property owner the notice specified in subdivision(c). If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished, (o)111 Each person who has served a preliminary 20-day notice pursuant to subdivision Ill may file a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your the preliminary 20-day notice with the county recorder in the county in which any portion of the • property being so improved may be placed against the property even though you have paid your property is located. A preliminary 20-day notice filed pursuant to this section shall contain all the contractor in full. You may wish to protect yourself against this consequence by(1)requiring your following: contractor to furnish a signed release by the person or firm giving you this notice before making (A)The name and address of the person furnishing the labor,service,equipment,or materials. payment to your contractor or (2) any other method or device that is appropriate under the (B) The name of the person who contracted for purchase of the labor, service, equipment, or circumstances. materials. • 16) If the notice is given by a subcontractor who is required pursuant to a collective bargaining (CI The cornmon street address of the jobsite. agreement to pay supplemental fringe benefits into an express trust fund described in Section 3111. (21 Upon the acceptance for recording of a Notice of Completion or Notice of Cessation the County the notice shall also contain the identity and address of the trust fund or funds. Recorder shall mail to those persons who have filed a preliminary 20-day notice, notification that a If an invoice for materials contains the information required by this section, a copy of the invoice, Notice of Completion or Notice of Cessation has been recorded on the property and shall affix the date transmitted in the manner prescribed by this section shall be sufficient notice. that the Notice of Completion or Notice of Cessation was recorded with the county recorder. A certificated architect,registered engineer,or licensed land surveyor who has furnished services (3)The failure of the county recorder to mail the notification to the person who filed a preliminary for the design of the work of improvement and who gives a preliminary notice as provided in this 20-day notice, or the failure of those persons to receive the notification or to receive complete section not later than 20 days after the work of improvement has commenced shall be deemed to have notification, shall not affect the period within which a claim of lien is required to be recorded. complied with subdivisions(a)and(b)with respect to architectural,engineering,or surveying services However,the county recorder shall make a good faith effort to mail notification to those persons who furnished,or to be furnished. have filed the preliminary 20-day notice under this section and to do so within five days after the (d)The preliminary notice referred to in subdivisions la)and Ibl shall be given not later than 20 days recording of a notice of completion or notice of cessation. after the claimant has first furnished labor,service,equipment,or materials to the jobsite. If labor, (41 This new function of the county recorder shall not become operative until July 1, 1988.The service, equipment, or materials have been furnished to a jobsite by a claimant who did not give a county recorder may cause to be destroyed all documents filed pursuant to this section, two years preliminary notice,that claimant shall not be precluded from giving a preliminary notice at any time after the date of filing. thereafter.The claimant shall, however,be entitled to record a lien,file a stop notice,and assert a 15)The preliminary 20-day notice which a person may file pursuant to this subdivision is for the claim against a payment bond only for labor,service,equipment,or material furnished within 20 days limited purpose of facilitating the mailing of notice by the county recorder of recorded notices of prior to the service of the preliminary notice,and at any time thereafter. completion and notices of cessation.The notice which is filed is not a recordable document and shall lel Any agreement made or entered into by an owner,whereby the owner agrees to waive the rights not be entered into those official records of the county which by law import constructive notice. or privileges conferred upon the owner by this section shall be void and of no effect. Notwithstanding any other provision of law,the index maintained by the recorder of filed preliminary (f)The notice required under this section may be served as follows: 20-day notices shall be separate and distinct from those indexes maintained by the county recorder 111 If the person to be notified resides in this state,by delivering the notice personally,or by leaving of those official records of the county which by law impart constructive notice. The filing of a it at his or her address of residence or place of business with some person in charge,or by first-class preliminary 20-day notice with the county recorder does not give rise to any actual or constructive registered or certified mail,postage prepaid,addressed to the person to whom notice is to be given notice with respect to any party of the existence or contents of a filed preliminary 20-day notice nor at his or her residence or place of business address or at the address shown by the building permit on to any duty of inquiry on the part of any party as to the existence or contents of that notice. file with the authority issuing a building permit for the work,or at any address recorded pursuant to 43097.1 Proof of Service of Notice.Proof that the preliminary 20-day notice required by Section subdivision(j). 3097 was served in accordance with subdivision(f)of Section 3097 shall be made as follows: (21 If the person to be notified does not reside in this state,by any method enumerated in paragraph (a)If served by mail,by the proof of service affidavit described in subdivision (c)of this section (11,of this subdivision. If the person cannot be served by any of these methods,then notice may be accompanied either by the return receipt of certified or registered mail,or by a photocopy of the record given by first-class certified or registered mail,addressed to the construction lender or to the original of delivery and receipt maintained by the post office, showing the date of delivery and to whom contractor. delivered,or,in the event of nondelivery,by the returned envelope itself. 131 When service is made by first-class certified or registered mail,service is complete at the time (b)If served by personally delivering the notice to the person to be notified,or by leaving it at his of the deposit of that registered or certified mail. address or place of business with some person in charge,by the proof of service affidavit described (g)A person required by this section to give notice to the owner,to an original contractor,to any in subdivision(c). subcontractor,and to a person to whom a notice to withhold may be given,need give only one notice (c)A"proof of service affidavit"is an affidavit of the person making the service,showing the time, to the owner,to the original contractor,and to any subcontractor,and to the person to whom a notice place and manner of service and facts showing that such service was made in accordance with - to withhold may be given with respect to all materials,service,labor,or equipment he or she furnishes Section 3097.Such affidavit shall show the name and address of the person upon whom a copy of for a work of improvement,that means the entire structure or scheme of improvements as a whole, the preliminary 20-day notice was served,and,if appropriate,the title or capacity in which he was unless the same is furnished under contracts with more than one subcontractor, in which event,the served. notice requirements shall be met with respect to materials,services,labor,or equipment furnished to 43098.Preliminary 20-Day Notice(Public Work). "Preliminary 20-day notice(public work)"means each contractor. a written notice from a claimant that was given prior to the assertion of a claim against a payment If a notice contains a general description required by subdivision(a)or(b)of the materials,services, bond, or the filing of a stop notice on public work, and is required to be given under the following labor,or equipment furnished to the date of notice,it is not defective because, after that date,the circumstances: ' person giving notice furnishes materials, services, tabor, or equipment not within the scope of this (a)In any case in which the law of this state affords a right to a person furnishing labor or materials general description. for a public work who has not been paid therefor to assert a claim against a payment bond,or to file (h)Where the contract price to be paid to any subcontractor on a particular work of improvement a stop notice with the public agency concerned,and thereby cause the withholding of payment from exceeds four hundred dollars ($4001, the failure of that contractor, licensed under Chapter 9 the contractor for the public work,any such person having no direct contractual relationship with the (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the contractor, other than a person who performed actual labor for wages or an express trust fund notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of described in Section 3111,may file the preliminary notice,but no payment shall be withheld from the Contractors. contractor pursuant to that notice unless the person has caused written notice to be given to the Where the notice is required to contain the information set forth in paragraph 161 of subdivision(c), contractor, the subcontractors with whom the claimant has contracted, and the public agency a failure to give the notice, including that information,that results in the filing of a lien,claim on a concerned,not later than 20 days after the claimant has first furnished labor,services,equipment,or payment bond,or the delivery of a stop notice by the express trust fund to which the obligation is materials to the jobsite, stating with substantial accuracy a general description of labor, service, owing constitutes grounds for disciplinary action by the Registrar of Contractors against the equipment,or materials furnished or to be furnished,and the name of the party to whom the same was subcontractor if the amount due the trust fund is not paid. furnished. This notice shall be served by mailing the same by first-class mail, registered mail, or (i)Every city,county,city and county,or other governmental authority issuing building permits shall, certified mail,postage prepaid,in an envelope addressed to the contractor at any place the contractor in its application form for a building permit,provide space and a designation for the applicant to enter maintains an office or conducts business, or his or her residence,or by personal service. In case of the name, branch, designation, if any, and address of the construction lender and shall keep the any public works constructed by the Department of Public Works or the Department of General information on file open for public inspection during the regular business hours of the authority. Services of the state,such notice shall be served by mailing in the same manner as above,addressed If there is no known construction lender,that fact shall be noted in the designated space.Any failure to the office of the disbursing officer of the department constructing the work,or by personal service ' to indicate the name and address of the construction lender on the application, however, shall not upon the officer.When service is by registered or certified mail,service is complete at the time of the relieve any person from the obligation to give to the construction lender the notice required by this deposit of the registered or certified mail. section. (b)Where the contract price to be paid to any subcontractor on a particular work of improvement (j)A mortgage,deed of trust,or other instrument securing a loan,any of the proceeds of which may exceeds four hundred dollars ($4001, the failure of that contractor, licensed under Chapter 9, be used for the purpose of constructing improvements on real property, shall bear the designation (commencing with Section 7000)of Division 3 of the Business and Professions Code,to give the "Construction Trust Deed"prominently on its face and shall state all of the following:(1)the name and notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of address of the lender,and the name and address of the owner of the real property described in the Contractors. instrument,and 121 a legal description of the real property which secures the loan and,if known,the (c)The notice requirements of this section shall not apply to an express trust fund described in street address of the property. The failure to be so designated or to state any of the information Section 3111. required by this subdivision shall not affect the validity of the mortgage, deed of trust, or other (d)If labor,service,equipment,or materials have been furnished to a jobsite by a claimant who did instrument. not give a preliminary notice pursuant to subdivision (a),that claimant shall not be precluded from Failure to provide this information on this instrument when recorded shall not relieve persons -giving a preliminary notice at any time thereafter.The claimant shall,however,be entitled to assert required to give preliminary notice under this section from that duty. a claim against a payment bond and file a stop notice only for labor,service,equipment,or material The county recorder of the county in which the instrument is recorded shall indicate in the general furnished within 20 days prior to the service of the preliminary notice,and at any time thereafter..