Congratulations to Attorney Lauren Stec for obtaining a six-figure settlement for Lanak & Hanna’s steel subcontractor. The steel subcontractor client performed over half a million dollars of work on a storage facility project in Solano County. Unfortunately, the general contractor filed for bankruptcy. After only being paid for half of its work, the steel subcontractor reached out to Lanak & Hanna for assistance. Ms. Stec filed a mechanics lien and a complaint for foreclosure of mechanics lien against the owner of the property for the balance owed. The owner’s attorney sent a letter demanding that the lien be released and the lawsuit dismissed arguing it never received a copy of the subcontractor’s preliminary notice. The steel subcontractor’s preliminary notice was served on the owner of the project by certified mail pursuant to Civil Code § 8100. However, the tracking for the certified mail never showed that it was delivered to the owner. Ms. Stec, well-versed in mechanics lien law, was able to quickly dispel the owner’s argument by citing to Civil Code § 8116 which provides that service of the preliminary notice is complete upon depositing it into the mailbox. There is no requirement to show that the preliminary notice was actually received by the owner. Ms. Stec’s knowledge of mechanics lien law led to a favorable settlement for her client who was paid in full by the owner.
