Tradition Software: Enjoy working with someone you trust

Volume: 2 Number: 2

PreLien2Lien recently added several new notices

Updates made recently to notices in California, Colorado, Kentucky, Illinois, New York, Minnesota, Ohio, Rhode Island, South Dakota and Washington.

Version 10.06.12 is the latest release of PreLien2Lien for Annual Subscribers. Several state notices have been either updated or added to PreLien2Lien in the last three months for your benefit, including:

• CALIFORNIA – The California Certificate of Acknowledgment by Notary Public was changed by California law. County Recorders are no longer accepting any deviation from the updated statutory document now included in PreLien2Lien when a California Mechanic’s Lien is filed or withdrawn.

• COLORADO – An updated Notice of Intent to File a Lien Statement was added. Prior to recording a Statement of Lien, it must be sent by registered mail or personal service to the Owner or the Owner's agent 10 days prior filing a Statement of Lien. An updated Statement of Lien was also put into PreLien2Lien.

• KENTUCKY – The Statement of Lien was improved, reflecting new statutory language. It must be recorded at the County Clerk's Office in the county where the project occurred no later than 6 months after the last day that labor or materials are furnished for a project. Enhancements were also made to the Notice of Intent to File Lien, which needs to be served on all legal parties prior to filing a Statement of Lien.

• ILLINOIS – Significant changes were made to the Final Waiver of Lien and the Partial Waiver of Lien to Amount Paid. The Illinois construction business culture uses these formal notices heavily for agreeing to release all potential claims for a future Mechanic's Lien against either partial or full payments made by General/Prime Contractors to Subcontractors.

• MINNESOTA – The Mechanic’s Lien Statement was revised, with the nine point format more closely being in compliance with standards set by the state business construction community. It must be filed at the County Recorders Office in the County where the project occurred within 120 days after the completion of providing labor, rental equipment or materials. Additionally, the Subcontractor’s Pre-Lien Notice was updated.

• NEW YORK – The Notice Under Mechanic's Lien Law For Account Of Public Improvement was revised, with the eight point format more closely being in compliance with existing state standards for the notice.

• OHIO – New to PreLien2Lien is a Request for a Copy of a Notice of Commencement. It should be served on the Owner and all legal parties. The Owner then has 10 days to provide the Notice of Commencement in order to have the correct and accurate legal party information necessary to send a Notice of Furnishing.

• RHODE ISLAND – An improved Notice of Intent to Do Work or Provide Materials, Or Both, was added. A notarized copy must be sent by registered mail or personal service to the Owner or the Owner's agent no later than 120 days upon completion of your furnishing labor or materials for a project. A copy must be filed in the land evidence records in the city or town where the project is located.

• SOUTH DAKOTA – The Lien Statement by Lien Claimant was revised. It must be recorded at the County Register of Deeds Office where the project occurred no later than 120 days after the last day that labor or materials are furnished for a project.

• WASHINGTON – The Notice to Real Property Lender (Stop Notice) and the Notice to Owner were updated to reflect compliance with existing state standards for these notices.

In total, there are more than 500 notices in PreLien2Lien that are evaluated regularly for their compliance based on changing state construction lien laws. Our efforts to keep our notices in compliance include discussions with leading construction attorneys across the country, research on the internet, legal subscription services and feedback from our customers.

A complete breakdown of Mechanic’s Lien statutes by state can be read by visiting the following website link: http://www.traditionsoftware.com/constlienbystate.php. Additionally, it is suggested that you contact by phone a County Recorder or Clerk’s office for clarification or questions about filing a Mechanic’s Lien in the county where you provided labor or materials for a project. A complete listing of County Recorder and Clerk's offices by state is at the following link: http://www.traditionsoftware.com/countyrecordersbystate.php.

Current Annual Subscribers who have questions about the wording on their notices are invited to call our Customer Service Department at (800) 886-8870 Monday – Friday, 8AM-5PM PST.

Property Owner Reports: Verify owner information to insure that your legal notices reach the actual owner

1. Go to http://www.traditionsoftware.com/pororder_form.php.
2. Enter information for the property you would like ownership information on.
3. A completed report will be emailed to you within one business day.

• Annual Subscribers get two free reports per year. Additional reports are $5 each.
• Coverage is across 2,500 counties in all 50 states.
• Search all types of property: Residential, Commercial, Industrial, Agriculture
• Perform searches by property address, owner name or by parcel number.
• No monthly contract required.

Qualified construction attorneys by state

Used in conjunction with PreLien2Lien, these prescreened attorneys offer qualified legal help for enforcing your Mechanic’s Lien in California, Nevada Texas, Utah and Washington.

• CALIFORNIA
Albert F. Quintrall: AL QUINTRALL & ASSOCIATES, San Diego, CA
Phone: (619) 295-7117
William L. Porter: PORTER & CABLE LLP, Sacramento, CA
Phone: (916) 381-7868

• NEVADA
Philip L. Kreitlein: KREITLEIN & WALKER, LTD, Reno, NV
Phone: (775) 786-2222

• TEXAS
Stephen Harrison: HARRISON & STECK, P.C., Fort Worth, TX
Phone: (817) 348-0400
John Creighton III: ORGAIN, BELL & TUCKER, L.L.P., Austin, TX
Phone: (512) 457-8797
John Johnson: ORGAIN, BELL & TUCKER, L.L.P., Beaumont, TX
Phone: (409) 838-6412

• UTAH
Douglas E. Griffith: KESLER & RUST, Salt Lake City, UT
Phone: (801) 532-8000
Brian J. Babcock: BABCOCK SCOTT & BABCOCK, P.C., Salt Lake City, UT
Phone: (801) 531-7000

• WASHINGTON
Daniel D. Pharris: LASHER, HOLZAPFEL, SPERRY & EBBERSON, Seattle, WA
Phone: (206) 654-2408
Kerry C. Lawrence: LAWRENCE & FINKELSTEIN, P.L.L.C., Bellevue, WA
Phone: (425) 455-2332