Santa Clara California Mechanics’ Lien (Claim of Lien) is a legal tool that provides protection to contractors, subcontractors, suppliers, and other construction professionals who have not been paid for their work on a property. It allows them to make a legal claim against the property to ensure payment. In Santa Clara, California, there are various types of Mechanics' Liens, each serving a specific purpose: 1. General Mechanics' Lien: This is the most common type of lien used by contractors, subcontractors, and suppliers. It allows them to claim a legal interest in the property they have worked on until they receive full payment for their services or materials. 2. Stop Notice: A Stop Notice is an additional notice that can be filed alongside a Mechanics' Lien. It notifies the property owner and lenders that a lien has been filed, requesting them to stop disbursing payments to the general contractor until the outstanding debts are resolved. 3. Release of Mechanics' Lien: A Release of Mechanics' Lien is filed when the contractor, subcontractor, or supplier has been paid in full. It releases the claim of lien and removes the encumbrance on the property. 4. Relief Notice: Contractors and suppliers must serve a Preliminary Notice (Relief Notice) to the property owner before filing a Mechanics' Lien. It is a written statement that provides information about the project, the claimant's name, and the amount owed, ensuring the property owner is aware of the potential lien and the unpaid debts. 5. Notice of Completion: The property owner or the general contractor may file a Notice of Completion to indicate that the construction project has been finished. This notice starts the timeline for subcontractors and suppliers to file their Mechanics' Liens within a specific period, usually 30 days. 6. Notice of Cessation: If the construction work has stopped for more than 30 days, the property owner or the general contractor may file a Notice of Cessation. This notice also triggers the timeline for potential Mechanics' Liens to be filed. It is crucial for contractors, subcontractors, and suppliers to understand the various types of Mechanics' Liens and follow the necessary legal procedures to secure their rightful payments. Filing a timely and accurate Mechanics' Lien helps protect their financial interests and ensures fair compensation for the work they have contributed to the project in Santa Clara, California.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.