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Law And Business > Mechanics Lien Law > Flashcards

Mechanics Lien Law Flashcards

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1
Q

Months with 30 days

A

September, April, June, and November

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2
Q

What’s another way to remember which days have 31?

A

Counting on your knuckles

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3
Q

A mechanics lean may only be used for ________ works projects

A

Private

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4
Q

Also known as a labor and materials bond

A

Payment bond

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5
Q

Definition of holidays for mechanics lien?

A

Saturdays, Sundays, and any day when the county recorders office is closed

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6
Q

Notices must be served in

A

Writing. Registered, certified, express mail, delivered, or posted. Delivered notices must also be mailed

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7
Q

Delivery must be verified by submitting a

A

Proof of notice declaration

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8
Q

A posted noticed is considered served when it is

A

Displayed

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9
Q

First step to claim a mechanics lien, stop payment notice, or payment bond

A

Preliminary notice. Must be served within 20 days of first providing service or materials.

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10
Q

Preliminary notices must be filed by any sub providing more than

A

$400 of subcontract value.

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11
Q

The purpose of a preliminary notice is to

A

Make the owner aware of their liabilities in the event that a subcontractor is not paid for materials or service.

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12
Q

Who does not need to send a preliminary notice

A

Wage earners and union trust funds

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13
Q

Who must be given a preliminary notice

A

Property owner
Direct contractor and the lender

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14
Q

Private works preliminary notices should include

A

General description of the work provided. An estimate of the total price of the work provided and to be provided.

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15
Q

Preliminary notice for a Publix work contract must be sent to the

A

Direct contractor and public agency

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16
Q

A preliminary notice must be served within

A

20 days of starting work

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17
Q

Who is entitled to to file a mechanics lien

A

Licensed, direct, prime contractors, licensed subcontractors, material suppliers, leasers of equipment, labor, and design professionals.

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18
Q

A notice of mechanics lien must include

A

The amount of money owed, name of the property, owner, description of the labor, services and materials, the name of the person who employed the claimants. A description of the property being liened, the claimants address. a proof of service affidavit and a formal notice of mechanics lien

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19
Q

A lien release bond may be used to release a property from a lien if it is equal to

A

125% of lien value

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20
Q

A stop work order may be used if

A

An owner fails to make a progress payment within 35 days of the due date specified in the contract

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21
Q

A stop payment noticed is used

A

By subcontractors to require the owner to set aside, funds to pay the subcontractor

22
Q

A stop payment notice is delivered

A

Whoever controls the flow of money

23
Q

Stop notice bonds are used to

A

Protect the owner lender, or direct contractor for any costs or losses that might be sustained as a result from any stop payment notice for sub that later, proves to be invalid in court

24
Q

Stop payment notice bonds must equal

A

125% of the stop payment notice

25
Q

The purpose of a stop payment notice is

A

To require the recipient to set aside money

26
Q

A direct contractor may file a stop payment notice if there is a

A

Construction lender

27
Q

You may be allowed to file both the mechanics and a stop payment notice if

A

It is a private project

28
Q

Stop payment notices for public agencies must be delivered to the

A

Director of the department that awarded the contract

29
Q

Stop payment notice bond may be required by

A

Lenders

30
Q

Owners and lenders may lawfully Ignore a stop payment notice if.

A

The original contract and 50% payment bond have been recorded Before work begins.

31
Q

Payment bonds are required for public works projects of more

A

Then $25,000

32
Q

Payment bonds for a public works project must be for at least

A

100% of the contract price

33
Q

Who benefits most from filing a claim against a payment bond

A

Subcontractors and suppliers

34
Q

On private jobs, the owner must record a copy of the bond and the original contract before 

A

Work begins

35
Q

If you do not send a preliminary notice, you may still file a claim against a payment bond within

A

15 days after notice of completion or 75 days after work is completed if no notice of completion is filed

36
Q

Purpose of stop payments notice bonds

A

One, it protects the owner lender and direct contractor in case the stop payment proves to be invalid.
Two, it forces lenders to obey the stop payment notice

37
Q

Purpose of Release bond

A

Posted by a direct contractor or owner who disputes a stop payment notice or bonded stop payment notice. It releases the funds frozen by a stop payment notice.

38
Q

Payment bond

A

This bond is posted by the direct contractor. It provides security for subs suppliers in case the direct contractor does not pay them.

39
Q

A notice of non-responsibility

A

Protects an owner from being responsible for unauthorized work

40
Q

A notice of completion or notice of cessation

A

Is an official declaration that work on a project is finished

41
Q

Once a notice of cessation or notice of completion is filed contractors must file any liens within

A

60 days

42
Q

Once a notice of cessation or notice of completion is filed subcontractors must file any liens within

A

30 days

43
Q

What determines completion, if no notices recorded

A

Work has stopped, and the owner or agent moves into the property or starts using it.
The owner accepts the work orally in writing or by providing final payment
Work stops for at least 60 straight days

44
Q

The owner of a private work must notify all the people who had sent preliminary notices when a notice of completion or cessation is recorded within

A

10 days

45
Q

The purpose of a waiver and release is

A

To require a sub or supplier to sign a waiver and release of rights to a lien stop payment notice or payment bond

46
Q

Unconditional waivers should only be used when

A

Cash is in hands

47
Q

Unless a lawsuit is filed, a mechanic lien will expire after

A

90 days

48
Q

A payment bond lawsuit is filed against the

A

Bonding company

49
Q

After filing a lien foreclosure lawsuit, you must also file a

A

Lis pendes

50
Q

Unless a lawsuit to foreclose the lien is filed, a mechanics lien will

A

Expire after 90 days

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