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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.
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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.]
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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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VISIT OUR

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ATTACHMENT
FOR HOME IMPROVEMENT PROJECTS
(16 California Code of Regulations §872)
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Information
about Commercial General Liability
Insurance
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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.
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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.
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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?
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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.
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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?
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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."]
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ATTACHMENT FOR CONSTRUCTION OF SINGLE-FAMILY
RESIDENCES
(16 California Code of Regulations §872)
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Information
about Commercial General Liability
Insurance
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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.
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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.
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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?
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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.
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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?
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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."]
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CHECKLIST FOR HOME IMPROVEMENT CONTRACTS
WITHOUT SWIMMING POOLS
(16 California Code of Regulations §872.1)
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Check
Out Your Contractor
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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.
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Did
you get at least 3 local references
from the contractors you are
considering?
Did
you call them?
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Building
Permits - will the contractor get a
permit before the work starts?
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Check
Out the Contract
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Did
you read and do you understand your
contract?
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Does
the 3-day right to cancel a contract
apply to you?
Contact
the CSLB if you don't know.
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Does
the contract tell you when work will
start and end?
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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.
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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.
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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.
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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.
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Did
you know changes or additions to your
contract must be in writing?
Putting
changes in writing reduces the
possibility of a later dispute.
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[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."] |
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CHECKLIST FOR HOME
IMPROVEMENT CONTRACTS WITH SWIMMING POOLS
(18 California Code of Regulations §872.1)
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Check
Out Your Contractor
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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.
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Did
you get at least 3 local references
from the contractors you are
considering?
Did
you call them?
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Building
permits - will the contractor get a
permit before the work starts?
|
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Check
Out the Contract
|
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Did
you read and do you understand your
contract?
|
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Does
the 3-day right to cancel a contract
apply to you?
Contact
the CSLB if you don't know.
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Does
the contract tell you when work will
start and end?
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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.
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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.
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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.
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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.
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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.
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[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."] |
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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 |
) |
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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)
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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)
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