Buscemi Hallett LLP is rated AV Preeminent™ by Martindale-Hubbell and proud to be featured in San Diego Magazine’s Top Lawyers List. Buscemi Hallett LLP emphasizes construction disputes, including prosecution of mechanic’s lien rights, stop notices and bond claims on both private and public works of improvement in San Diego and throughout Southern California. As a convenience to our clients, below are links to various construction related forms that may prove useful to you in your business.
Buscemi Hallett LLP provides these forms as a courtesy only, and no legal advice or attorney client relationship is established by the use of these forms. Most construction, transactional and creditor issues affect significant legal rights. In many cases these rights cannot be adequately protected without the assistance of an attorney. It is recommended that you consult with our office before attempting to use self-help. This is especially true if your case involves unique or complicated issues. We can help you protect your rights and achieve results.
For more information or answers to your construction law questions, call Buscemi Hallett LLP today at 619-821-9163 or send us an email to schedule a free initial consultation.
California Preliminary Notice (Private Works)
California Civil Code Section 8200 et seq.
Use this form if you are a subcontractor/material supplier to provide notice to the property owner of your involvement. Serving this form is a prerequisite to recording a mechanic’s lien, serving a stop notice or making a payment bond claim. Failure to serve a preliminary notice may invalidate your right to pursue these statutory payment remedies.
California Civil Code Section 8136
Use this form if you have not yet been paid but are asked to sign a waiver and release in exchange for a final payment . This release is not automatic upon signing this form. This release is binding only upon evidence of payment to you (the claimant). Evidence of payment may be demonstrated by: (i.) The claimant’s endorsement on a single check or a joint check that has been paid by the bank upon which it was drawn; or (ii.) Written acknowledgment of payment given by the claimant.
California Civil Code Section 8132
Use this form if you have not yet been paid but are required to sign a waiver and release in exchange for a progress payment. This release is not automatic upon signing this form. This conditional waiver and release is only effective if payment is actually made. This release does not cover all items.
California Civil Code Section 8138
Use this form when you are required to sign a waiver and release in exchange for a final payment. Be advised that by signing this form you assert in the waiver that you have received final payment. Do not sign unless you have received final payment.
California Civil Code Section 8134
Use this form when you are required to sign a waiver and release in exchange for a progress payment. Be advised that by signing this form you assert in the waiver that you have received progress payment. Do not sign unless you have received the progress payment.
California Civil Code Section 8416, et seq.
If you are an unpaid contractor, subcontractor, laborer, or material supplier engaged on a private works project, use this form to place a mechanic’s lien, or hold, against the property. The form must be recorded with the county recorder’s office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation. A lien can result when the prime contractor (referred to as a “direct contractor” in mechanic’s lien revision statutes, effective July 1, 2012) has not paid subcontractors, laborers or suppliers. Legally, the homeowner is ultimately responsible for payment — even if they already have paid the direct contractor.
Use this form to release a mechanic’s lien that you previously recorded.
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