July 1, 2012 brings a new set of laws for Preliminary Notices, Stop Payment Notices, Mechanics’ Liens, Payment Bonds. Among these new statutes is Civil Code section 8108- mailing of notices. This statute limits the addresses that notices such as preliminary notices, Stop Notices, bond notices and Mechanics’ Liens can be mailed to be considered proper services.
To serve a property owner, other than a public entity, notice shall be given at the address listed on the contract between the direct contractor (formerly known as the general contractor, now defined as a contractor who contracts with a property owner) and property owner, the building permit or a construction deed of trust.
To serve a public entity, notice shall be given at the address listed in the contract, to the office of the public entity or elsewhere for service of notices, papers and other documents.
To serve a construction lender, notice shall be given at the address listed on the construction loan agreement or construction trust deed.
To serve a direct contractor (see definition above) or subcontractor, notice shall be given to the address on the building permit, on the contractor’s contract, or the records of Contractors State License Board.
To service a claimant, notice shall be given to the address shown on the claimant’s contract, Preliminary Notice, Mechanics’ Lien, Stop Payment Notice, Claim against a payment bond or the records of the Contractor’s License Board.
To serve a surety on a bond, notice shall be given at the address listed on the bond for service of notice, papers and other documents or the records of the Department of Insurance.
Despite the limitations of Civil Code section 8108, Civil Code section 8110 increases the methods for serving notices. Notices may now be served by registered mail, certified mail, express mail and overnight delivery by an express service carrier. In addition to the above, Civil Code section 8106 still allows for personal service of notices. Notices must be given in writing and cannot be given by email or fax.
In addition to service of notice, it is required that notices be served in accordance with Civil Code 8118, This statute requires that most notices be served with a proof of service declaration containing the type of notice given, date, place and manner of service and name and address of the persons that were given notice. This statute also contains methods to prove service of the notice.
The foregoing is general advice and should not be substituted for a careful review of all of the facts and laws relating to your claim. To determine and take advantage of all available remedies and comply with applicable law you should discuss your specific situation with an experienced construction attorney.
Robert A. Weissman can be reached by phone at (805) 371-0500 or by email at: raw4law@verizon.net
Visit our website at: www.ww4law.com