State
Bill 134- Effective January 1 ,2004
SUMMARY
OF LIEN LAW REVISION - CALIFORNIA STATE BILL134
by Kim Lamberty, CBA
Governor
Davis signed SB 134 into law on July 14, 2003!
Effective
January 1, 2004 , the bill requires private
project owners to notify all subcontractors
and suppliers within 10 days after recording
a Notice of Completion -- provided the parties
have properly filed 20 day preliminary lien
notices – if they wish to shorten your
lien rights to only 30 days. Should the owner
fail to notify you that the job is complete,
the period for you to record a lien is extended
to 90 days. |
 |
SB
134 requires new language to be included in the 20-day
preliminary notice forms effective January 1, 2004.
(This law will apply to private works only).
The
new language is as follows.
Notice
to Property Owner:
•If
bills are not paid in full for the labor, services,
equipment, or materials furnished or to be furnished,
a mechanics’ lien leading to the loss, through
court foreclosure proceedings of all or part of your
property being so improved may be placed against the
property even though you have paid your contractor
in full.
•You
may wish to protect yourself against the consequence
by (1) requiring your contractor to furnish a signed
release by the person or firm giving you this notice
before making payment to your contractors, or (2)
any other method or device that is appropriate under
the circumstances.
•
Other than residential homeowners of dwellings containing
fewer than five units, private project owners must
notify the original contractor and any lien claimant
who has provided the owner with a preliminary 20-day
lien notice in accordance with Section 3097 of the
Civil Code that a notice of completion or notice of
cessation has been recorded with 10 days of its recordation.
Notice shall be by registered mail, certified mail,
or first class mail, evidenced by a certificate of
mailing. Failure to notify will extend the deadlines
to record a lien.
Kim
is a principle with CMA
Business Credit Services, a construction
forms filing service.
She can be reached at (702) 259-2622 or by email at
klamberty@creditservices.org.
FLORIDA
House
Bill 1719 - Effective October 1 ,2003
SUMMARY
OF LIEN LAW REVISION - FLORIDA HOUSE BILL 1719
by Michael Ramage, FDLE General Counsel
Revises
a number of sections of law concerning construction
liens and contractors. Included is a change
to F.S. 713.345 that creates a presumptive inference
for acts that constitute misapplication of money
received for real property improvements. In
cases of an alleged violation of this section
of the law, the State Attorney or Statewide
Prosecutor prosecuting the case must provide
a copy of the indictment or information to the
Department of Business and Professional Regulation.
That department must then investigate the defendant
and provide a copy of its investigative report,
if probable cause of a violation is found, to
the referring prosecutorial authority. |
 |
Effective
January 1, 2004, the same notification and investigation
procedures must be followed in cases involving prosecutions
of F.S. 713.31, regarding fraud or collusion, and
F.S. 713.35, governing the making or furnishing of
false statements. Effective Date: October 1, 2003,
except as bill provides otherwise.
Michael
Ramage/ FDLE General Counsel
Email:
michaelramage@fdle.state.fl.us
P.O.
Box 1489 Tallahassee, FL 32303 Phone: (850) 410-7676
NEVADA
State
Bill 206 - Effective October 1 ,2003
SUMMARY
OF LIEN LAW REFORM - NEVADA STATE BILL 206
By Kim Lamberty, CBA
Signed
into law by Governor on June 10, 2003. Effective October
1, 2003
Signed
into law by Governor on June 10, 2003
Effective October 1, 2003
Mayor provisions include, but are not limited
to:
· Prohibits the prospective waiver of
lien rights;
· Requires a lessee on a tenant improvement
project to post a payment bond;
· Makes it clear that both change work
and equipment rentals are lienable;
· Allows a surety bond to be posted with
the county recorder rather than the court;
· Expedites the proceedings for filing
and adjudicating a lien; and
· Makes a multitude of other contractor
friendly changes in the Mechanic’s Lien
Law. |
 |
Kim
is a principle with CMA
Business Credit Services, a construction
forms filing service.
She can be reached at (702) 259-2622 or by email at
klamberty@creditservices.org.
