An Administrator's Guide to California Private School Law

Chapter 17 – Construction

mechanics lien encumbers real property and, at least temporarily, deprives the owner of valuable property rights. 2379 A mechanics lien is a written statement, signed and verified by the claimant, which must contain all of the following:  Statement of the claimant’s demand;  Owner’s name;  General statement of the work furnished;  Name of person by whom claimant was employed or to whom it furnished work;  Description of the site sufficient for identification;  Claimant’s address;  Proof of service affidavit, showing the date, place, and manner of service upon the owner; and  Statutorily required “Notice of Mechanics Lien” warning statement. 2380 The amount of the lien must be for the reasonable value of the work performed or the price agreed to for the claimant’s work, whichever is less. 2381 The claimant must serve a copy of the claim of mechanics lien directly to the school as the project owner. 2382 If the owner fails to pay the direct prime contractor, or disputes that any payment is owed, one of the remedies available to that contactor is to record a mechanics lien against the school. A contractor who has a contract with the school, known as a direct contractor, may only enforce a mechanics lien if it records a claim of lien after it completes the contract, and before the earlier of the following times: (1) 90 days after completion of the work; or (2) 60 days after the school records a notice of completion or cessation. 2383 If a contractor records the lien before completing or fully performing its duties under the contract, the lien is not effective. 2384 A claimant other than a direct contractor may only enforce a mechanics lien if it records a lien after the claimant ceases to perform work and before the earlier of the following times: (1) 90 days after completion of the work; or (2) 30 days after the school records a notice of completion or cessation. 2385 2. 20-D AY P RELIMINARY N OTICE Prior to filing a mechanics lien, a claimant, other than a direct contractor, must serve a preliminary notice upon the school. 2386 The preliminary notice must include a general description of the work to be provided, a cost estimate for that work, and a statutorily required “Notice to Property Owner” warning to the school that if the claimant is not paid in full, it will place a lien on the school’s property. 2387 The purpose of the preliminary notice is to alert the

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