Hi, my name is Alex Barth. I'm a construction lawyer at the bar at that firm. Today, we're going to talk about how to assert a payment bond claim. Let's get started. A payment bond secures your right to be paid on a construction project instead of a lien on the property. If the job is bonded, your claim exists against that payment bond. How do you know if a job is bonded? There are two ways. First, a copy of the bond should be posted at the job site. Second, a copy of the bond is likely recorded with the notice of commencement. So, if you have access to the public records of the county where you're doing work, you can pull up the notice of commencement and see if the job is bonded. Let's talk about the very specific steps you need to comply with in order to have a valid and enforceable bond claim. First, within 45 days of your first work on the job, you need to send what's called a preliminary notice. A preliminary notice is a document very similar to a notice to owner. This document is sent by you to the bonded contractor and his or her surety, advising them that you intend to look to that bond in order to get paid. Only those who do not have a direct contract with the bonded contractor need to send this preliminary notice. That means if you are a subcontractor to a bonded general contractor, you don't need to send this preliminary notice. However, I strongly encourage that you do it. Sometimes, you don't know what job is bonded and the 45 days to send that preliminary notice may have expired. But fear not, if that bond was not recorded with the notice of commencement...
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Notice Of Intent To Lien Pdf Form: What You Should Know
A mechanic's lien is filed to collect a debt owed to the consumer by the debtor. The Notice of Intent To Lien, as authorized in Section 150, shall serve the Stop Debt Notice if necessary. In some states the Notice of Intent To Lien issued by one party to the transaction serves both parties, and the owner of the Notice of Intent To Lien may serve a Notice of Intent To Lien in addition to, or instead of, the other Notice. Note: This filing document is not necessary if the owner serves a Notice of Intent To Lien for a claim for payment by the debtor, unless the Notice of Intent To Lien is for the purpose of serving a stop debt notice. Lien Permit Application This form is required in most states, and is used to apply for the authorization of a lien on the debtor's property, usually property owned by the debtor. It must be executed before foreclosure and served if necessary. Note:Â In many states, the lien permit is used before a Notice of Intent to Lien is even filed. This form is often used when the lender wants to sell the debtor's property. Lien Permit Affidavit This form may be used on your property or the property of your spouse or child. Use it to execute a lien upon the property of a deceased household member or any relative of the debtor, for as long as you live or until the property is sold at a public auction. Use it and the Notice of Intent to Lien, as authorized in Section 150, to serve a claim for payment before the sale has occurred. For more information about lien permits, click here. Letter To A Banker Notifying Them Of The Execution This is a good letter to send to your loan services. If they have not executed a lien to collect the debtor's arrears, a letter to a bank to let them know of your intent to file the foreclosure action in case they are not immediately responsive would be helpful. This may be useful if the service does not have a mortgage to serve your claim, or if the debt was not paid in full right away. Notice From Bank If you are having difficulty in finding a bank to serve your foreclosure claim or if you are still interested in making a mortgage payment, here is a letter you can use to tell the bank you have no intent to pay at this time.
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