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-   -   Lien Releases in CA? (http://www.houserepairtalk.com/f45/lien-releases-ca-5674/)

TaskBoy 12-03-2008 10:21 PM

Lien Releases in CA?
 
In Calif. we have Lien Releases that a homeowner can have workers sign so that they can't have a lien put on their property if the workers' employer doesn't pay them. I tell you this just so out-of-staters understand.

Now, the question I have is for folks in CA or who were in CA at one time and know the law: Should I have people sign one who are payrolled employees, not just subs? I have had subs sign before, obviously. I guess if an on-the-payroll employer went under, then the worker might be able to come after us, thus possibly resulting in double payments for the same work or worse, our house tied up in court. In writing this I think I may have answered my own question: just have everyone sign one. Thoughts?

inspectorD 12-04-2008 05:56 AM

Yup
 
Contact your lawyer to know for sure.
Better to pay them a smaller amount now ,or the big check later when you need to hire them and lose.
My 2 cents.:)
CT is very litigious.:mad:

glennjanie 12-04-2008 02:12 PM

Hey TaskBoy:
When we have the contractor to sign the lien waiver here he also swears that he has paid all his bills (including labor). We sometimes ask for proof of payment or you can write the checks to the contractor and each supplier which will insure the suppliers get paid.
No one wants to run into the Kentucky Labor Cabinet. Its like meeting a crock in a drain pipe; there's nowhere to run. Payroll comes first around here; its the law.
Glenn

TaskBoy 12-04-2008 08:33 PM

Hi guys, thanks. I had all the subs ("on-payroll" or not) who had not signed a lien release do so today. It's funny that the newer guys had no idea what one was but the older guys did and had no problem with it. It was also funny to say in front of the bosses that it was to protect me if the boss did not pay. Everyone had a good laugh at that. I guess the new/young guys had no idea of their rights at all. Some guys were past their 20 day right to file (from job start) so they weren't an issue. Right now, everyone is just happy to be working and doesn't want to make waves.

Glenn, I will ask for proof of mat'l payment though in those specific situations.


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