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https://calconstructionlawblog.com/2013/05/15/stop-payment-notices-the-lesser-known-construction-payment-remedy/
May 15, 2013 · Construction Lenders: However, construction lenders are only required to withhold an amount sufficient to satisfy the amount claimed in a stop payment notice if it receives a bonded stop payment notice. Moreover, even if a construction lender receives a bonded stop payment notice, it may object to the sufficiency of the surety (if the surety is not an admitted surety insurer in California) by ...
https://law.justia.com/codes/california/2005/civ/3161-3163.html
2005 California Civil Code Sections 3161-3163 Article 4. Effect of Stop Notice and Bonded Stop Notice CIVIL CODE SECTION 3161-3163 3161. It shall be the duty of the owner upon receipt of a stop notice pursuant to Section 3158 to withhold from the original contractor or from any person acting under his or her authority and to whom labor or ...
https://www.stimmel-law.com/en/articles/mechanics-liens-stop-notices-payment-bonds-and-construction-claims-based-labor-and
In the age old conflict between creditors and debtors, a continuing problem confronting creditors is that obtaining a judgment after trial can take years and during that delay the assets owned by the defendants can be spent or seized by other creditors who were faster to file suit. The goal of every creditor is to somehow obtain the right to seize assets of the defendant and to hold them safe ...
http://kamineconstructionlaw.com/publications-and-articles/notice-claim-lawsuit-deadlines-2/
If the stop payment notice is not accompanied by a bond in 125% of the amount of the claim, or if a payment bond was recorded before the first stop payment notice was delivered to the construction lender, then the construction lender can elect to ignore the stop payment notice (Civ. Code § 8536).
https://www.jdsupra.com/legalnews/construction-lenders-beware-unbonded-st-21131/
Jun 24, 2014 · The reference to a stop payment notice, and not a bonded stop payment notice, given to a construction lender is yet a further indication that a claimant may enforce an unbonded stop pay- ment ...
https://www.coxcastle.com/Templates/media/files/events/RGC_StopNoticeRisksForConstructionLenders_2010.pdf
a stop notice on the construction lender. Only when the stop notice is bonded is the lender required to withhold funds. practice tips BY ROBERT G. CAMPBELL Stop Notice Risks for Construction Lenders While certain deadlines are strictly enforced, other requirements are liberally construed in favor of the stop notice claimant.
https://saclaw.org/wp-content/uploads/2015/03/form-stop-payment-notice-private-works.pdf
Stop Payment Notice and know the contents of the Stop Payment Notice to be true of my own knowledge. I declare, under penalty of perjury under the laws of the State of California, that the ... of Civil Procedure for service of summons and complaint in a civil action, on _____ (date). I declare, under penalty of perjury under the laws of the ...
https://surety1.com/bond_info/california-stop-notice-release-bond/
The California Stop Notice Release Bond states that the Claimant in the matter should receive judgement in any action brought on said Claim. The bond holder should pay said judgement and costs to Claimant in an amount not exceeding the sum specified in this undertaking.
https://www.lovettlawusa.com/construction-law/mechanics-liens/
The Utility of the Bonded Stop Work Notice on Private Projects. On a private project in California, an additional procedure that can be used to protect rights is to serve a bonded stop notice (renamed as a bonded stop work notice effective July 1, 2012) on the construction lender.
https://www.lhfconstructlaw.com/articles/california-public-works-stop-notices-a-primer/
The Stop Notice may be served personally or by registered or certified mail. 6. Must the stop notice be accompanied by a bond ? In contrast to a Stop Notice to a lender on a private work, a public works Stop Notice need not be bonded in order to be effective. 7. How is the stop notice “perfected” ?
https://www.crowell.com/pdf/LienTimetable1_04.pdf
STOP NOTICE AND BONDED STOP NOTICE (Private Work): File within same period as subcontractor. File at any time after 10 days after service of Stop Notice and within 90 days after expiration of period for recording claims of lien (C.C. § 3172). COMPLAINT TO ENFORCE STOP NOTICE (Public Work): File at any time after 10 days after service of Stop ...
https://rhlaw.com/2016/12/05/amended-unlawful-detainer-complaint-cannot-allege-a-post-filing-three-day-notice/
This means that: “When a demurrer is granted for a defect in required notice to terminate, the complaint cannot be cured by amendment. Instead, the landlord must file a new complaint, after giving the tenant new notice. . . . ... Bonded Stop Notice Claimants Must Serve Proper Office of …
https://www.lhfconstructlaw.com/articles/protecting-your-claim-on-california-public-works-projects-a-primer-on-stop-notice-and-payment-bond-claims/
Protecting Your Claim On California Public Works Projects: A Primer On Stop Notice and Payment Bond Claims. By William C Last, Jr. The Mechanics’ Lien remedy is unavailable to one providing labor, services, equipment or materials to a California State or local government public works project.
https://blog.suretysolutions.com/suretynews/the-surety-bond-claim-process-what-to-expect
May 14, 2018 · When it comes to some bonds (License and Permit Bonds and Contract Bonds), a surety bond claim is a complaint that says you (the Principal) have not fulfilled your obligations and duties, or you have not followed the law. Surety bond claims are understood to be intentional violations made by you or your business.
https://www.bizjournals.com/sacramento/print-edition/2011/07/08/lawyers-bungled-suit-elk-grove-project.html
Jul 08, 2011 · The complaint did not contain a claim to enforce the bonded stop notice, although McDonough lawyers considered that option as early as May 2008, the lawsuit alleges.
https://www.rhlaw.com/blog/bonded-stop-notice-serve-bank-construction-lender/
General and subcontractors must take particular care when serving a bonded stop notice on the project’s construction lender. Last month, I blogged about the necessity for the 20-day notice being personally served or by return receipt mail on the “manager or responsible officer or person” of the lender.
https://californiaconstructionlaw.wordpress.com/category/stop-notices/
Apr 14, 2013 · Whether you are the General or a subcontractor, you can serve your Stop Notice at any time, provided there is a basis for it, so if you are not being paid, serve the Stop Notice and make sure it is bonded. Next up: Stop Notices on Public Works Projects
https://www.buchalter.com/publication/stop-notices-and-mechanics-liens-construction-lenders-nightmares/
A bonded stop notice can be much more damaging to the rights of the construction lender than a mechanic’s lien. This is because a bonded stop notice may require the construction lender to refund to the person who provided labor and material to the property all of the loan fees and interest payments which were paid from the loan funds.
https://www.azleg.gov/ars/33/01062.htm
33-1062.Release of stop notice or bonded stop notice; surety bond. A. An owner, a construction lender or any original contractor or subcontractor who disputes any stop notice or bonded stop notice may file with the person on whom notice was served a release bond.
https://www.leagle.com/decision/incaco20100804023
Aug 04, 2010 · Defendant Lehman ALI, Inc., defaulted on the complaint of plaintiff Kiewit Pacific Co. alleging that defendant was the construction lender that held unexpended funds to which plaintiff was entitled under a bonded stop notice. Defendant sought relief from default, but the trial court denied the request and entered default judgment.
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