| Step |
California Procedure |
| Preliminary
Notice (Private Jobs and California Public Works) |
Give notice to owner, general contractor,
construction lender no later than 20 days after claimant's first
labor or materials (On a California public work, notice is given to
contractor, public agency and surety bond company). A 20 Day Notice
is also required to make Payment Bond Claims as noted above, However, if
you forget the 20 Day Notice, there is still the right to file a separate
notice within 15 or 75 days (see next page). Suggest: Notice via
certified mail, return receipt requested. If the notice is recorded
with the applicable county recorder the date of the notice of completion
should be mailed to you. |
| Lien Claim (by Claimant other
than General Contractor |
File with County Recorder
within 30 days after date of recordation of notice of completion or
cessation or within 90 days after completion (or 60 days cessation)
whichever period expires first. |
| Lien Claim (by
General Contractor |
File with County Recorder within 60
days after date of recordation of notice of completion or cessation or
within 90 days after completion (or 60 days cessation) whichever
period expires first. |
| Federal Public Works Preliminary
Notice |
Register mail to
contractor within 90 days from last labor
materials. |
| Notice to Surety
on Private or Public Works |
Claimant must serve by certified mail a
Bond Claim on both private and public works on the contractor and surety
within 75 days after completion or 15 days if a Notice of
Completion is recorded. (This is a new requirement) |
| Stop Notice on California Public
Work |
Certified mail to public
agency within 30 days after recordation of notice of completion (or
acceptance or cessation). If no notice of completion or cessation, serve
within 90 days after completion or cessation. CC
3184. |
| Complaint to
Foreclose Lien |
File in proper court within 90 days
after date or recordation of lien claim. |
| Complaint to Enforce Bonded Stop
Notice (Private or Public Work) |
File in proper court after
10 days from service of stop notice and within 90 days from
expiration of period within which stop notices must be
filed. |
| Notice of
Proceedings (on Stop Notice, Public Work) |
Serve within 5 days after filing
action, on same persons and in same manner as provided for the stop
notice. |
| Complaint on Payment Bond
(California Public Work) |
File in proper court
within 6 months after the period within which stop notices must be
filed after CC3184 (May be combined with action on stop notice,
supra.) |
| Complaint on
Payment Bond (Federal Work) |
File in proper court after 90 days
from claimant's last labor or materials and within 1 year
therefrom. (This is for a Miller Act
claim). |