The Four Statutory Lien Waiver Forms: California prescribes the wording of construction payment waivers in the Civil Code: section 8132 for a conditional waiver on a progress payment, section 8134 for an unconditional waiver on a progress payment, section 8136 for a conditional waiver on final payment and section 8138 for an unconditional waiver on final payment. A waiver has to substantially follow the statutory form to be effective. For a fit-out contractor this is a weekly bookkeeping task in both directions: the right form goes out with each payment you make, and the right form has to come back from every payee before the allowance package can be closed. We log which form, which payment, which tier and which job, so an unconditional release never goes out for money that has not cleared.
Preliminary Notice Inside Twenty Days: Civil Code section 8200 generally requires a preliminary notice within twenty days of first furnishing labor or materials in order to preserve lien and stop payment notice rights for that work. Short suite jobs are exactly where the deadline is missed, because on a four week fit out the window can close before the job has been opened in the accounting file at all. We are not attorneys and we do not serve notices or record liens. What we do is open the job on the day work starts with the date first furnished recorded on it, so the notice calendar is driven by the ledger rather than by memory.
Prompt Payment Clocks on Private Work: Several clocks run at once on a private Irvine job and every one of them is proved from dated records. Business and Professions Code section 7108.5 requires a prime contractor or subcontractor to pay a subcontractor within seven days of receiving the progress payment covering that work unless agreed otherwise in writing, with a penalty of two percent per month on late amounts and a cap of one hundred and fifty percent of a genuinely disputed amount. Civil Code section 8800 requires an owner to pay a direct contractor a progress payment within thirty days after a demand for payment. Section 8812 requires retention to be paid to a direct contractor within forty five days after completion of the work of improvement, and section 8814 requires the direct contractor to pass a subcontractor share of that retention down within ten days of receiving it.
A Recorded Notice of Completion Shortens Your Lien Clock: On private work a direct contractor generally has ninety days after completion of the work of improvement to record a mechanics lien, or sixty days if the owner records a notice of completion, under Civil Code section 8412. Everybody else, including subcontractors and suppliers, has ninety days, or only thirty days once a notice of completion is recorded, under section 8414. Suites complete constantly on fit-out work and owners in this market do record notices, so the shorter clock is the one that usually applies. Unpaid balances organized by job, tier and completion date are what let your attorney act inside thirty days instead of discovering the problem in month three.
City of Irvine Business License and Contractor Credentials: The City of Irvine requires businesses operating in the city to obtain and maintain a business license under section 1-18-101 of its Code of Ordinances, and contractor applications are expected to show a valid Contractors State License Board pocket card for the classification of work performed together with a current workers compensation certificate. Confirm your own position directly with the city. From a bookkeeping standpoint the point is that license fees, bond premiums, insurance and renewal dates are recurring costs and recurring deadlines. Coded into a miscellaneous account they disappear, and the overhead rate you price small jobs from quietly understates what the business costs to run.
Use Tax on Equipment That Arrives With No Tax Charged: Fit-out work in Irvine pulls in specialty items from outside California: laboratory casework, audio visual and conferencing equipment, controls hardware, packaged units bought direct from a manufacturer. Out of state vendors frequently charge no California tax, which leaves use tax owed by you rather than nothing owed by anybody. Rates are also not uniform across Orange County, since several cities levy voter approved district taxes on top of the countywide rate, so the correct rate depends on the delivery address rather than on your office address. We record the applicable rate per purchase and accrue use tax where none was charged, so the return comes out of the books rather than out of an estimate.