With the new year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take effect on January 1, 2012.
A. SB 189 (Passed in 2010) & SB 190 (Passed in 2011)
SB 189 and SB 190 were passed as part of an effort to modernize and simplify California’s mechanics lien laws spearheaded by the California Law Revision Commission. The majority of the changes brought by SB 189 and 190 are minor and are intended to be non-substantive, but a few key changes warrant discussion. These changes take effect on July 1, 2012....
B. AB 456 (Passed in 2011)
AB 456 clarifies the requirements of the proof of service affidavit regarding service of the notice of mechanics lien. This law clarifies that the affidavit is required to show the name of the owner or reputed owner of the property, and the title or capacity in which the person or entity was served. Civ. Code §§ 3084, 8416.
C. SB 424 (Passed in 2011)
SB 424 provides a means for converting a recorded design professional lien to a mechanics lien. The new law provides that “[a] design professional may convert a recorded design professional lien” provided certain enumerated requirements are met. This law takes effect on July 1, 2012. Civ. Code. § 8319....
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