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Standard California Construction Forms

 
Preliminary 20-Day Notice (Private Work) (below)
 
Preliminary 20-Day Notice (Public Work) (below)
   
Attachment for Home Improvement Projects (below)
 
Attachment for Construction of Single-Family Residences (below)
 
Checklist for Home Improvement Contracts Without Swimming Pools (below)
 
Checklist for Home Improvement Contracts with Swimming Pools (below)
 
Notice of Non-Responsibility (below)
   
Notice of Cessation (below)
 
Notice of Completion (below)
 
Design Professional's Lien (below)
 
Mechanic's Lien (below)
 
Stop Notice (below)
 
Notice of Claim On Bond (Public Project) (below)
   
Use Notes For Civil Code §3262 Lien Releases (below)
   
Conditional Waiver and Release Upon Progress Payment (below)
   
Unconditional Waiver and Release Upon Progress Payment (below)
   
Conditional Waiver and Release Upon Final Payment (below)
   
Unconditional Waiver and Release Upon Final Payment (below)

 

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USER NOTES
The text of these forms can be copied into documents by clicking and dragging to define the needed text. Then, click on the edit button at the top of the browser screen and click on the copy function. The defined text then can be pasted into a document.

These forms are provided purely as a service to visitors to this Web site. They do not constitute legal advice or representation. If you have any questions about how to complete the forms, which forms to use, when to use them or other questions, consult an attorney. These forms are subject to the Terms and Conditions governing this Web site.

Please note that mechanic's liens, stop notices, and bond claims involve economic rights of yours and other people. If unsure about their appropriate use in a particular circumstance, consult an attorney.

 

 

PRELIMINARY 20-DAY NOTICE (PRIVATE WORK)
(California Civil Code §3097)
This is not a lien, only a notice. This notice is not a reflection on the integrity of any contractor, subcontractor or material supplier. It simply gives notice of persons providing labor, services, materials or equipment to the project who are not under direct contract with the project owner but who wish to preserve their statutory mechanic's lien, stop notice and bond rights.



TO:

THE OWNER OR REPUTED OWNER:

___________________________________________

___________________________________________

___________________________________________
(Name/Address)


THE ORIGINAL CONTRACTOR OR REPUTED ORIGINAL CONTRACTOR:

___________________________________________

___________________________________________

___________________________________________
(Name/Address)


THE CONSTRUCTION LENDER, IF ANY, OR REPUTED CONSTRUCTION LENDER, IF ANY:

___________________________________________

___________________________________________

___________________________________________
(Name/Address)


1. The name and address of the person/entity furnishing the labor, services, equipment or materials (use name of entity holding license):

___________________________________________

___________________________________________

___________________________________________


2. The general description of the labor, services, equipment or materials furnished or to be furnished by the undersigned:

___________________________________________

___________________________________________

___________________________________________


3. Date Claimant first provided said labor, services, equipment or materials:

___________________________________________

___________________________________________

___________________________________________


4. Estimated total price: $ _____________________


5. The name of the person/entity who contracted for purchase of the labor, services, equipment or materials:

___________________________________________

___________________________________________

___________________________________________


6. Description of the jobsite sufficient for identification:

___________________________________________

___________________________________________

___________________________________________


7. The identity and address of the trust fund(s) (if required pursuant to a collective bargaining agreement to pay supplemental fringe benefits into an express trust fund described in Civil Code §3111):

___________________________________________

___________________________________________

___________________________________________

___________________________________________


NOTICE TO PROPERTY OWNER
If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device that is appropriate under the circumstances.

Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien.


Dated: ____________________

________________________________________
(Name of Claimant)

By:_____________________________________
(Signature)

________________________________________
(Print or Type Name and Title)


PROOF OF SERVICE AFFIDAVIT
I,__________________________, declare that I served the above Preliminary Notice by (check appropriate box below):

 

[ ] Personally delivering a copy to :

__________________________________________
(Name and title or capacity of person served)

at_________________________________________,

__________________________________________
(Address)

on _________________,__________, at ____ __ m.
(Date) (Year) (Time)


[ ] By First Class Certified or Registered Mail service, postage prepaid, return receipt requested, addressed to the party at the address shown below:

___________________________________________

___________________________________________

___________________________________________
(Name/Address)


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signed at ___________________________,_______
(Location)

on _____________________
(Date)

Signature of person making service:

___________________________________________


[Use the Postal Service's Return Receipt Requested service. Under Civil Code §3097.1, service by mail is proved with the signed Proof of Service Affidavit (above) accompanied by either: 1.) the return receipt for certified or registered mail delivery; or 2.) by a photocopy of the record of delivery and receipt maintained by the Postal Service showing the date of delivery and to whom delivered; or 3.) by the returned envelope itself in the event of nondelivery.]

[Prepare one Proof of Service for each person served.]

 



PRELIMINARY 20-DAY NOTICE (PUBLIC WORK)
(California Civil Code §3098)

TO:

THE PUBLIC AGENCY:

___________________________________________

___________________________________________

____________________________________________
(Name/Address)


THE ORIGINAL CONTRACTOR OR REPUTED ORIGINAL CONTRACTOR:

___________________________________________

___________________________________________

____________________________________________
(Name/Address)


1. The name and address of the person/entity furnishing the labor, services, equipment or materials (use name of entity holding license):

___________________________________________

___________________________________________

___________________________________________


2. The general description of the labor, services, equipment, or materials furnished or to be furnished by the undersigned:

___________________________________________

___________________________________________

___________________________________________


3. Date Claimant first provided said labor, services, equipment or materials:

___________________________________________

___________________________________________


4. Estimated total price: $_______________________


5. The name of the person/entity who contracted for purchase of the labor, services, equipment or materials:

___________________________________________

___________________________________________

___________________________________________


6. Description of the jobsite sufficient for identification:

___________________________________________

___________________________________________

___________________________________________


Dated: ____________________

____________________________________________
(Claimant's Name)

By:_________________________________________
(Signature)

____________________________________________
(Print or Type Name/Title)


PROOF OF SERVICE AFFIDAVIT

I,__________________________, declare that I served the above Preliminary Notice by (check appropriate box below):

[ ] Personally delivering a copy to :

____________________________________________
(Name and title or capacity of person served)

at___________________________________________,

____________________________________________
(Address)

on _________________,__________, at ___ __ m.
(Date) (Year) (Time)


[ ] By First Class Certified or Registered Mail service, postage prepaid, return receipt requested, addressed to the party at the address shown below:

___________________________________________

___________________________________________

___________________________________________
(Name/Address)


I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Signed at ____________________________________
(Location)

on _____________________
(Date)

Signature of person making service:

___________________________________________


[Use the Postal Service's Return Receipt Requested service. Keep the signed Proof of Service Affidavit (above) and the return receipt for certified or registered mail delivery. Civil Code §3098 provides that for "any public works constructed by the Department of Public Works or the Department of General Services of the state," the 20-day notice, if served by mail, must be "addressed to the office of the disbursing officer of the department constructing the work" or must be personally served upon that officer.]

[Prepare one Proof of Service for each person served.]

   

 

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ATTACHMENT FOR HOME IMPROVEMENT PROJECTS
(16 California Code of Regulations §872)

Information about Commercial General Liability Insurance

Did your contractor tell you whether he or she carries Commercial General Liability Insurance?

Home improvement contractors are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the bid, if there is one, and the contract.


What does this insurance cover?

Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.


Is this insurance required?

No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?


How can you make sure the contractor is insured?

If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.


What about a contractor who is self-insured?

A self-insured contractor has made a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?

For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).

[Formatting: The regulation provides: "The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated."]

 

 



ATTACHMENT FOR CONSTRUCTION OF SINGLE-FAMILY RESIDENCES
(16 California Code of Regulations §872)

Information about Commercial General Liability Insurance

Did your contractor tell you whether he or she carries Commercial General Liability Insurance?

Contractors building single-family residences for owners who intend to occupy the home for at least a year are required by law to tell you whether or not they carry Commercial General Liability Insurance. This written statement must accompany the contract.


What does this insurance cover?

Commercial General Liability Insurance can protect against third-party bodily injury and accidental property damage. It is not intended to cover the work the contractor performs.


Is this insurance required?

No. But the Contractors State License Board strongly recommends that all contractors carry it. The Board cautions you to evaluate the risk to your family and property when you hire a contractor who is not insured. Ask yourself, if something went wrong, would this contractor be able to cover losses ordinarily covered by insurance?


How can you make sure the contractor is insured?

If he or she is insured, the contractor is required by law to provide you with the name and telephone number of the insurance company. Check with the insurance company to verify that the contractor's insurance coverage will cover your project.


What about a contractor who is self-insured?

A self-insured contractor has made a business decision to be personally responsible for losses that would ordinarily be covered by insurance. Before contracting with a self-insured contractor, ask yourself, if something went wrong, would this contractor be able to cover losses that should be covered by insurance?

For more information about Commercial General Liability Insurance, contact the Contractors State License Board at www.cslb.ca.gov or call 800-321-CSLB (2752).

[Formatting: The regulation provides: "The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated."]

 

 



CHECKLIST FOR HOME IMPROVEMENT CONTRACTS WITHOUT SWIMMING POOLS
(16 California Code of Regulations §872.1)

Check Out Your Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Contact the CSLB at 1-800-321-CSLB (2752) or visit our web site: www.cslb.ca.gov.


Did you get at least 3 local references from the contractors you are considering?

Did you call them?


Building Permits - will the contractor get a permit before the work starts?


Check Out the Contract

Did you read and do you understand your contract?


Does the 3-day right to cancel a contract apply to you?

Contact the CSLB if you don't know.


Does the contract tell you when work will start and end?


Does the contract include a detailed description of the work to be done, the material to be used, and equipment to be installed?

This description should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.


Are you required to pay a down payment?

If you are, the down payment should never be more than 10% of the contract price or $1,000, whichever is less.


Is there a schedule of payments?

If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions - contact the CSLB to find out what they are.


Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?

Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.


Did you know changes or additions to your contract must be in writing?

Putting changes in writing reduces the possibility of a later dispute.

 
[Formatting: The regulation provides: "The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated."]
 

 



CHECKLIST FOR HOME IMPROVEMENT CONTRACTS WITH SWIMMING POOLS

(18 California Code of Regulations §872.1)

Check Out Your Contractor

Did you contact the Contractors State License Board (CSLB) to check the status of the contractor's license?

Contact the CSLB at 1-800-321-CSLB (2752) or visit our web site: www.cslb.ca.gov.


Did you get at least 3 local references from the contractors you are considering?

Did you call them?


Building permits - will the contractor get a permit before the work starts?


Check Out the Contract

Did you read and do you understand your contract?


Does the 3-day right to cancel a contract apply to you?

Contact the CSLB if you don't know.


Does the contract tell you when work will start and end?


Does the contract include a complete description of the work to be done, the material that will be used and equipment to be installed?

This description should include a plan and scale drawing showing the shape, size, dimensions and specifications. It should include brand names, model numbers, quantities and colors. Specific descriptions now will prevent disputes later.


Are you required to pay a down payment?

The down payment for swimming pools should never be more than 2% of the contract price or $200, whichever is less.


Is there a schedule of payments?

If there is a schedule of payments, you should pay only as work is completed and not before. There are some exceptions - contact the CSLB to find out what they are.


Did your contractor give you a "Notice to Owner," a warning notice describing liens and ways to prevent them?

Even if you pay your contractor, a lien can be placed on your home by unpaid laborers, subcontractors, or material suppliers. A lien can result in you paying twice or, in some cases, losing your home in a foreclosure. Check the "Notice to Owner" for ways to protect yourself.


Did you know changes or additions to your contract must all be in writing?

Putting changes in writing reduces the possibility of a later dispute.

 
[Fomatting: The regulation provides: "The heading shall be printed in at least 14-point type, the questions in at least 12-point type, and the comments in italics of at least 11-point type. The text should be bold where indicated."]
 

 

Recorded at the request of
and to be returned to:
(Notice giver's name, address, city, state, ZIP code)

NOTICE OF NON-RESPONSIBILITY
(California Civil Code §3094)

NOTICE IS HEREBY GIVEN THAT:

1. I, the undersigned, am the ___________________ (office/position) of _______________ (notice giver's name) and have the necessary authority to verify this document for ____________________ (notice giver's name).

2. ________________________ (notice giver's name) is the _____________ (nature of property interest, such as owner in fee simple) of that certain property located at: _______________________________ (address, city, state), which is further described as: _______________________________________ (legal description and parcel number) in the property records of ________ County, California.

3. The name of the purchaser under contract and/or the lessee is ______________.

4. Within the last ten (10) days, _______________________ (notice giver's name) has obtained knowledge that improvements, namely ________ (describe the work), are being made on the property described above.

5. _____________________ (notice giver's name) has not caused this work to be performed and will not be responsible for its performance or for any claims that arise out its performance. Furthermore, _______________________ (notice giver's name) will not be responsible for the payment of any labor, services or materials used or to be used therein or in connection therewith.

6. _________________ (notice giver's name) will post this notice at the property described above and cause this notice to be recorded within ten (10) days of first obtaining knowledge of the work described herein.

_____________________________________
(Notice giver's name)


By: _________________________________
(Authorized person signing)

_____________________________________
(Position of person signing)


VERIFICATION

I, the undersigned, say I am the __________________ (position of person signing) of _____________________ (notice giver's name). I have read the above Notice of Non-Responsibility, know the contents of it and it is true of my own knowledge. This is a true and correct copy of the Notice of Non-Responsibility to be posted at the property described above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________, ____ (date this document was signed) at _______________________, California (name of city where signed).


____________________________________________
(Personal signature of person providing the verification)


CERTIFICATE OF ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
  ) ss
County of ____________ )
 

On _____________ (date) before me, the undersigned, a Notary Public in and for the State of __________ (name of state), personally appeared _________________ (person signing), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.


Signature : __________________________ (Seal)

 

 

Recorded at the request of
and to be returned to:
(Notice giver's name, address, city, state, ZIP code)

NOTICE OF CESSATION
(California Civil Code §3092)

1. The full name of the owner is:

_______________________________________


2. The address of the owner is:

_______________________________________

_______________________________________


3. The nature of the property interest or estate of the owner is:

_______________________________________

_______________________________________


4. A description of the site sufficient for identification is:

_______________________________________

_______________________________________

_______________________________________
(Include the street address if any and city, county and state)


5. The name of the original contractor is:

_______________________________________


6. The kind of work done or materials furnished pursuant to the contract is:

_______________________________________

_______________________________________


7. The names and addresses of all persons, if any, who hold an interest or estate with the owner as joint tenants or as tenants in common are:

_______________________________________

_______________________________________

_______________________________________
(Name/Address)


_______________________________________

_______________________________________

_______________________________________
(Name/Address)


_______________________________________

_______________________________________

_______________________________________
(Name/Address)


8. The full names and full addresses of the predecessors in interest of the owner if the property was transferred after the work or improvement referred to in this notice began:

_______________________________________

_______________________________________

_______________________________________
(Name/Address)


_______________________________________

_______________________________________

_______________________________________
(Name/Address)


_______________________________________

_______________________________________

_______________________________________
(Name/Address)


9. The work of improvement, described in Paragraph 6, on the property ceased on ______________ (date), and the cessation has continued to the giving of this notice.


Dated: _______________

_______________________________________
(Owner's Name)

By_____________________________________
(Signature)


VERIFICATION

I, the undersigned, say:

I am the ________________________________
(Owner, officer of owning entity, agent of owner, etc.)

of the interest or estate, described in Paragraph 3, of the property, described in Paragraph 4;

I have read the foregoing notice and know and understand the contents of it, and the facts stated in it are true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________________, ______, (date)

at _____________________________________
(Place where signed)

_______________________________________
(Personal signature)


CERTIFICATE OF ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
  ) ss
County of ____________ )

On _____________ (date) before me, the undersigned, a Notary Public in and for the State of __________ (name of state), personally appeared _________________ (person signing), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.


Signature : __________________________ (Seal)