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Who should attend Mechanic's Liens, Stop Notices And Bonds On Public And Private Works
This one-day seminar is designed for attorneys, presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.
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Mechanic's Liens, Stop Notices And Bonds On Public And Private Works  

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This one-day seminar is designed for attorneys, presidents, vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.

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Seminar Summary:

This seminar will provide all parties to a constructional project with detailed information on mechanic's liens, stop notice and bond rights on private and public works of improvement. (see full course description)

 
 

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Training Course Syllabus:


This seminar will provide all parties to a constructional project with detailed information on mechanic's liens, stop notice and bond rights on private and public works of improvement. This seminar will provide owners, contractors, subcontractors, material suppliers, sureties, banks and their respective attorneys with the detailed description of the remedies available and those items that should be raised as defenses to the enforcement of any remedies available and those items that should be raised as defenses to the enforcement of any of these remedies. All parties to the construction project will benefit greatly in knowing the 'rules of the game' relating to these statutory remedies in California.

Seminar highlights:

  • Mechanic's lien remedy
  • The stop notice remedy
  • Procedural steps for enforcing liens and stop notices
  • Defenses
  • Remedies on state public works

Learning objectives:

  • The attendee will be able to review special lien rules.
  • The attendee will be able to discuss the stop notice remedy.
  • The attendee will be able to identify steps to enforcing liens and stop notices.

8:30 a.m. - 9:30 a.m.

I. Mechanic's Lien Remedy

A. Constitutional Basis

B. Statutory Implementation

C. Persons Entitled To Liens

D. Design Professional's Liens

E. Persons Not Entitled To Liens

F. Property To Which Mechanic's Liens Attach

9:30 a.m. - 10:30 a.m.

II. The Stop Notice Remedy

A. Against Owner

B. Against Lender

C. Contents Of Stop Notice

D. Effect Of Stop Notice

E. Negligence In Disbursing Loan Funds

F. Equitable Liens Abolished

G. General Contractor's Stop Notice Rights

H. Effect Of Payment Bond On Stop Notices

I. Attorney's Fees

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 11:00 a.m.

III. The Bond Remedy

A. The Payment Bond

B. Perfecting Payment Bond Claims

C. Offsite Bonds

11:00 a.m. - 12:00 p.m.

IV. Procedural Steps For Enforcing Liens And Stop Notices

A. The Preliminary Notice

B. Case Law Interpretation Of The Preliminary Notice

C. Recording The Lien And Service Of Stop Notice

D. Multiple Contracts

E. Contents Of Mechanic's Lien

F. Time For Filing Suit

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:45 p.m.

IV. Procedural Steps For Enforcing Liens And Stop Notices (Continued)

G. Effect Of Stop Notice

1:45 p.m. - 2:30 p.m.

V. Special Mechanic's Lien Rules

A. Priority

B. Separate Works Of Improvement

C. Separate Residential Units

D. Segregation Of Lien

E. Condominiums

F. Proof Of Use In The Job

2:30 p.m. - 2:40 p.m.

Break

2:40 p.m. - 3:00 p.m.

VI. Defenses

A. Application Of Payment

B. Waiver And Release

C. Joint Checks

D. Unclean Hands

3:00 p.m. - 3:30 p.m.

VII. Miscellaneous

A. Removal Of Materials

B. Voidable Preference

C. Pay-If-Paid Clauses

D. Lien Law Liberally Construed

E. Amount Of Lien

F. Interest

G. Jurisdiction

H. Release Bonds

I. Contractual Waiver

3:30 p.m. - 4:00 p.m.

VIII. Remedies On State Public Works

A. The Stop Notice Remedy

B. The Payment Bond Remedy

4:00 p.m. - 4:15 p.m.

IX. The Miller Act: Federal Projects

A. Bond Requirement

B. The Ninety-Day Notice

C. Time For Suit

D. Persons Entitled To Recover

E. Proof

4:15 p.m. - 4:30 p.m.

X. Questions And Answers

Seminar Summary:

This seminar will provide all parties to a constructional project with detailed information on mechanic's liens, stop notice and bond rights on private and public works of improvement. (see full course description)

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