California Mechanics Lien, Stop Payment Notice and Payment Bond Claim Forms

The mechanics lien, stop payment notice and payment bond forms below are provided as a public service and do not constitute legal advice or representation. Because these forms involve important financial issues, legal counsel should be consulted if there are any questions or doubts about the forms, their use or the rights and obligations arising from them. The forms may need to be customized or revised to fit particular circumstances. Use of these forms is governed by the Terms and Conditions for this website.

The text of these forms can be copied into documents by clicking and dragging to define the needed text, copying the define text and pasting it into a document.


PRELIMINARY NOTICE
FOR PRIVATE WORKS (Civil Code §§8200, et seq.)


TO:

THE OWNER OR REPUTED OWNER:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


THE DIRECT CONTRACTOR OR REPUTED DIRECT CONTRACTOR:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


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

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


Pursuant to California Civil Code §§8200, et seq., the following Preliminary Notice of Work (consisting of labor, services, material and/or equipment) performed or to be performed is given to you regarding a Work of Improvement in which you have or are reputed to have some interest:


Description of the jobsite sufficient for identification, including county, city (if any) and street address (if any):

___________________________________________

___________________________________________

___________________________________________

in the State of California.


The name and address of Claimant, which is the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


The relationship of the person/entity giving this notice to the Owner, Direct Contractor and Construction Lender:

___________________________________________

___________________________________________


A general description of the Work provided or to be provided by the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________


An estimate of the total price of the Work provided or to be provided by the person/entity giving this notice:

$ _____________________


The name of the person/entity to or for whom the Work was or is to be provided:

___________________________________________


NOTICE TO PROPERTY OWNER

EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances.

This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project.

If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units.


Dated: ____________________


________________________________________

(Name of person/entity giving this notice)


By:_____________________________________

(Signature)


________________________________________

(Print or Type Name and Title)



PROOF OF NOTICE DECLARATION


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 where served)


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


[ ] By [specify which] Certified Mail – Registered Mail – Express Mail – Overnight Delivery by an Express Service Carrier

by tendering a true copy of the Preliminary Notice to the U.S. Postal Service – an Express Service Carrier [specify which] at


________________________________________ [enter city and state]


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


with postage or delivery costs prepaid, addressed to the party at the address shown below:


___________________________________________

(Name and title or capacity of person served)


___________________________________________

___________________________________________

___________________________________________

(enter street address, city, state and ZIP code)


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:


___________________________________________

(type in signer’s name)


[Civil Code §8200 (e)(2) requires Direct Contractors – those in a direct contractual relationship with project owners – to give preliminary notice to construction lenders or reputed construction lenders.

[Civil Code §8118 requires that certain documentation from the U.S. Postal Service or Express Service Carrier be kept with the Proof of Notice Declaration. Generally, this includes of proof of payment for delivery plus a return receipt, delivery confirmation, signature confirmation, tracking record, other proof of delivery or attempted delivery, or other documentation showing delivery or attempted delivery of the notice. Notice and delivery requirements and procedures are set out at Civil Code §§8106, et seq. and must be carefully followed, including the address used for giving notice. Civil Code §8106 (c) provides that notice also may be given as provided in Code of Civil Procedure §415.20 for service of a summons and complaint. Legal counsel should be consulted if that method is to be used. Click here to access these statutes.

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


PRELIMINARY NOTICE
FOR PUBLIC WORKS (Civil Code §§9300, et seq.)

TO:

THE PUBLIC ENTITY:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


THE DIRECT CONTRACTOR:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


Pursuant to California Civil Code §§9300, et seq., the following Preliminary Notice of Work (consisting of labor, services, material and/or equipment) performed or to be performed is given to you regarding a Work of Improvement in which you have or are reputed to have some interest:

Description of the jobsite sufficient for identification, including county, city (if any) and street address (if any):

___________________________________________

___________________________________________

___________________________________________

in the State of California.

The name and address of Claimant, which is the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


The relationship of the person/entity giving this notice to the Public Entity and Direct Contractor:

___________________________________________

___________________________________________


A general description of the Work provided or to be provided by the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________


An estimate of the total price of the Work provided or to be provided by the person/entity giving this notice:

$ _____________________


The name of the person/entity to or for whom the Work was or is to be provided:

___________________________________________


Dated: ____________________

________________________________________

(Name of person/entity giving this notice)


By:_____________________________________

(Signature)


________________________________________

(Print or Type Name and Title)


PROOF OF NOTICE DECLARATION

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 where served)


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


[ ] By [specify which] Certified Mail – Registered Mail – Express Mail – Overnight Delivery by an Express Service Carrier

by tendering a true copy of the Preliminary Notice to the U.S. Postal Service – an Express Service Carrier [specify which] at


________________________________________ [enter city and state]


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


with postage or delivery costs prepaid, addressed to the party at the address shown below:

___________________________________________

(Name and title or capacity of person served)


___________________________________________

___________________________________________

___________________________________________

(enter street address, city, state and ZIP code)


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:

_______________________________________

(type in signer’s name)


[Civil Code §9302 (b) requires that preliminary notices for California Department of General Services and California Department of Public Works projects be given to the disbursing officer for the department for which the Work is being constructed.

[Civil Code §8118 requires that certain documentation from the U.S. Postal Service or Express Service Carrier be kept with the Proof of Notice Declaration. Generally, this includes of proof of payment for delivery plus a return receipt, delivery confirmation, signature confirmation, tracking record, other proof of delivery or attempted delivery, or other documentation showing delivery or attempted delivery of the notice. Notice and delivery requirements and procedures are set out at Civil Code §§8106, et seq. and must be carefully followed, including the address used for giving notice. Civil Code §8106 (c) provides that notice also may be given as provided in Code of Civil Procedure §415.20 for service of a summons and complaint. Legal counsel should be consulted if that method is to be used. Click here to access these statutes.

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


USER NOTES FOR CIVIL CODE §§8132, 8134, 8136
AND 8138 LIEN RELEASES

Civil Code §§8132, 8134, 8136 and 8138 provide for four kinds of releases for payments to general contractors, subcontractors and suppliers. Two deal with progress, or during-the-job, payments; two deal with final, or end-of-the-job, payments. Viewed from another perspective, two are conditional – they are effective only if the contractor is paid and the check clears the bank – and two are unqualified releases. Sections 8132, 8134, 8136 and 8138 provide the form of the releases and require that the form be substantially followed.

The progress payment releases are used during the construction project. Contractors (as well as subcontractors and suppliers) often are required to submit a signed conditional release with their pay applications. As the release states, it takes effect only when the contractor actually is paid. Thus, contractors may safely provide conditional releases with pay applications. Although a conditional release and proof of actual payment effectively constitute an unconditional release, many owners nevertheless seek unconditional releases. For one thing, this means owners do not have to match up conditional releases with proof of payment to have an effective release. Proper procedure is for the unconditional release to be submitted with the next pay request after the conditional release – and only if payment has been made. Thus, the April pay request for $1,000 would be accompanied by a conditional release in that amount. The May pay request for $1,100 would be accompanied by a conditional release in that amount plus an unconditional release for April's payment of $1,000 – if the payment check had cleared the bank.

Care must be taken in filling out the effective or "through" date of the release. The release should cover only the same period as the accompanying billing. Thus, if the owner is being billed for work through March 31, that date should be used as the through date for the release – even if the release is being signed on April 30. If April 30 were entered as the “through” date on the release, then the contractor might be deemed to have waived its rights to payment for work and materials provided in April – even though the contractor had not yet billed for them.

Also, the contractor must be aware of what the releases say is and is not being released. While the release excludes numerous items from its reach, it specially includes the cost of work and material provided pursuant to a fully executed change order unless specifically reserved in the release itself.

Owners need to be concerned with whether subcontractors, sub-subcontractors and suppliers are being paid by the general contractor or subcontractor to whom they are providing goods or services. Non-payment could render conditional releases ineffective.

In terms of conditional v. unconditional, the releases for final payments operate in the same manner as progress payment releases.

But, both final payment releases provide a location in which a contractor can exclude claims for disputed work from the release. Thus, if the contractor and owner have a dispute about extra work, the contractor can be paid for the undisputed amount owed, and the contractor can provide the owner with a release for the entire price of the project except the specific issues in dispute. If there are such disputes, the releases must be filled out with care.

Both the exact wording and the format of the lien releases are specified in the statutes.

Any participant in the construction process – owner, contractor, subcontractor, supplier, design professional – should consult legal counsel if it has any uncertainty about lien releases or other payment issues.


CONDITIONAL WAIVER AND RELEASE
ON PROGRESS PAYMENT

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information

Name of Claimant: _________________

Name of Customer: _________________

Job Location: ___________________________________________________

Owner: _________________

Through Date: _________________

Conditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: _________________

Amount of Check: _________________

Check Payable to: _________________

Exceptions

This document does not affect any of the following:

(1) Retentions.

(2) Extras for which the claimant has not received payment.

(3) The following payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Date(s) of waiver and release: _________________

Amount(s) of unpaid payment(s): __________________________________

(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature

Claimant's Signature: __________________________________

Claimant's Title: _________________

Date of Signature: _________________


UNCONDITIONAL WAIVER AND RELEASE
ON PROGRESS PAYMENT

NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information

Name of Claimant: _________________

Name of Customer: _________________

Job Location: ___________________________________________________

Owner: _________________

Through Date: _________________

Unconditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $_________________.

Exceptions

This document does not affect any of the following:

(1) Retentions.

(2) Extras for which the claimant has not received payment.

(3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature

Claimant's Signature: __________________________________

Claimant's Title: _________________

Date of Signature: _________________


CONDITIONAL WAIVER AND RELEASE
ON FINAL PAYMENT

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information

Name of Claimant: _________________

Name of Customer: _________________

Job Location: __________________________________

Owner: _________________

Conditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following checks are drawn:

Maker of Check: _________________

Amount of Check: _________________

Check Payable to: _________________

Exceptions

This document does not affect any of the following:

Disputed claims for extras in the amount of: $_________________

Signature

Claimant's Signature: __________________________________

Claimant's Title: _________________

Date of Signature: _________________


UNCONDITIONAL WAIVER AND RELEASE
ON FINAL PAYMENT

NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information

Name of Claimant: _________________

Name of Customer: _________________

Job Location: __________________________________

Owner: _________________

Unconditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions

This document does not affect the following:

Disputed claims for extras in the amount of: $_________________

Signature

Claimant's Signature: __________________________________

Claimant's Title: _________________

Date of Signature: _________________


Recording requested by
[Claimant’s name]
And when recorded mail this document to:
[Claimant’s name, street address, city, state and ZIP code]


CLAIM OF MECHANICS LIEN
(Civil Code §§8400, et seq.)

APN: [enter County Assessor’s Parcel Number for the property where the project was located]

Claimant [name] (“Claimant”) hereby claims a mechanics lien on the real property in [city], County of [county], California, commonly known as [street address if there is one; in any event, a description of the jobsite sufficient for identification] and more particularly described in Exhibit A to this Claim of Mechanic’s Lien [attach correct copy of legal description of property if it can be obtained; otherwise, delete reference to Exhibit A], owned or reputed to be owned by [name of owner], for the sum of $ [amount of lien], plus interest at the rate of [enter contractual interest rate, if any] percent per year or such other rate permitted by law from [date when payment was due], which is due and unpaid (after deducting all just credits and offsets) and consisting of labor, services, material and equipment furnished by Claimant and consisting of [general statement of the kind of work furnished]. Claimant was employed by or furnished the work to [person who hired you or with whom you have contract].

Dated: ________________________________


_______________________________________

(name of your business)


_______________________________________

(written signature)


By: ____________________________________

(type in signer’s name)


_______________________________________

(type in signer’s title)


_______________________________________

_______________________________________

_______________________________________

(type in street address, city, state, ZIP code and telephone number for lien claimant)


NOTICE OF MECHANICS LIEN

ATTENTION!

Upon the recording of the enclosed MECHANICS LIEN with the county recorder's office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded.

The party identified in the enclosed mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek a sale of your property in order to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanics lien is released.

BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.


VERIFICATION

I am the Claimant’s agent authorized to make this verification on the Claimant’s behalf and the foregoing Claim of Lien is true of my own knowledge except for matters stated in it on the basis of my information or belief, and as to those matters, I believe it to be true.

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

Dated: ________________________________


_______________________________________

(name of business)


_______________________________________

(written signature)


By: ____________________________________

(type in signer’s name)


_______________________________________

(type in signer’s title)


PROOF OF SERVICE

On [date] at approximately [time] in [city and state where mailed], the undersigned declarant served copies of the above CLAIM OF MECHANICS LIEN and NOTICE OF MECHANICS LIEN on the owners/reputed owners and the construction lender [if any; if none, delete reference to lender] named below by certified mail, postage prepaid, at the addresses shown below:

_______________________________________ [owner/reputed owner]

(enter name)


_______________________________________

_______________________________________

(enter street address, city, state and ZIP code)


[Delete reference below to lender if there is none.]


_______________________________________ [lender /reputed lender]

(enter name and title)


_______________________________________

(enter name of lending institution)


_______________________________________

_______________________________________

(enter street address, city, state and ZIP code)


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


Dated: ________________________________


_______________________________________

(written signature)


_______________________________________

(type in signer’s name)


[The Claim of Mechanics Lien must be served before it is recorded.

[Civil Code §8416 (c) and (d) require the lien claimant to obtain a certificate of mailing, postage prepaid, for the Claim of Mechanics Lien. It is advisable to use the Postal Service's Return Receipt Requested and delivery tracking services.

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


PUBLIC WORKS STOP PAYMENT NOTICE
(Civil Code §§9350, et seq.)

TO:


THE PUBLIC ENTITY:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


THE DIRECT CONTRACTOR:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


Pursuant to California Civil Code §§9350, et seq., the following Stop Payment Notice is given to you regarding a Work of Improvement in which you have or are reputed to have some interest. You are required to set aside sufficient funds to satisfy this claim with interest:

Description of the jobsite sufficient for identification, including county, city (if any) and street address (if any):

___________________________________________

___________________________________________

___________________________________________

in the State of California.


The name and address of Claimant, which is the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________

(Name and Address)


The relationship of the person/entity giving this notice to the Public Entity and Direct Contractor:

___________________________________________

___________________________________________

A general description of the Work provided by the person/entity giving this notice:

___________________________________________

___________________________________________

___________________________________________

An estimate of the total price or value of the Work provided or to be provided by the person/entity giving this notice:


$ _____________________


The name of the person/entity to or for whom the Work was provided:

___________________________________________

The amount claimed as of the date of this in this Stop Payment Notice after deducting all just credits and offsets is:


$ _____________________


plus interest at the rate of [enter rate] percent a year from [date from which interest accrues]

Dated: ________________________________

_______________________________________

(name of your business)


_______________________________________

(written signature)

By: ____________________________________

(type in signer’s name)

_______________________________________

(type in signer’s title)

_______________________________________

_______________________________________

_______________________________________

(type in street address, city, state, ZIP code and telephone number for lien claimant)


VERIFICATION

I am the Claimant’s agent authorized to make this verification on the Claimant’s behalf and the foregoing Stop Payment Notice is true of my own knowledge except for matters stated in it on the basis of my information or belief, and as to those matters, I believe it to be true.

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

Dated: ________________________________

_______________________________________

(name of business)


_______________________________________

(written signature)

By: ____________________________________

(type in signer’s name)

_______________________________________

(type in signer’s title)


PROOF OF NOTICE DECLARATION

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


[ ] Personally delivering a copy to:


__________________________________________

(Name and title or capacity of person served)


at_________________________________________,


__________________________________________

(Address where served)


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


[ ] By [specify which] Certified Mail – Registered Mail – Express Mail – Overnight Delivery by an Express Service Carrier


by tendering a true copy of the Stop payment Notice to the U.S. Postal Service – an Express Service Carrier [specify which] at


________________________________________ [enter city and state]


on _________________,__________, at ____ __ m.

(Date) (Year) (Time)


with postage or delivery costs prepaid, addressed to the party at the address shown below:


___________________________________________

(Name and title or capacity of person served)


___________________________________________

___________________________________________

___________________________________________

(enter street address, city, state and ZIP code)


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:


___________________________________________

(type in signer’s name)


[Civil Code §9354 (b) (1) requires that stop payment notices for state public works projects be served on the director of the department awarding the contract.

[Civil Code §9354 (b) (2) provides: “In the case of a public works contract of a public entity other than the state, the office of the controller, auditor, or other public disbursing officer whose duty it is to make payment pursuant to the contract, or the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by which the contract was awarded.”

[Civil Code §8118 requires that certain documentation from the U.S. Postal Service or Express Service Carrier be kept with the Proof of Notice Declaration. Generally, this includes of proof of payment for delivery plus a return receipt, delivery confirmation, signature confirmation, tracking record, other proof of delivery or attempted delivery, or other documentation showing delivery or attempted delivery of the notice. Notice and delivery requirements and procedures are set out at Civil Code §§8106, et seq. and must be carefully followed, including the address used for giving notice. Civil Code §8106 (c) provides that notice also may be given as provided in Code of Civil Procedure §415.20 for service of a summons and complaint. Legal counsel should be consulted if that method is to be used. Click here to access these statutes.

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