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Debris Cleanup Notices and Liens

Post Date:12/29/2017 12:50 PM

It has come to the attention of the County of Mendocino that numerous fire survivors received a California Preliminary Notice from subcontractors working on debris cleanup in the affected area. Fire survivors SHOULD NOT PAY any contractor directly as the result of this notice, nor any future notice or bill related to debris removal they may receive.

This type of notice is typically filed pursuant to Civil Code Sections 8200 and 9300 to preserve a contractor’s right to file what is commonly referred to as a “mechanic’s lien”, which is filed against a property by an unpaid contractor, subcontractor, laborer, or material supplier. This notice is NOT a lien or a bill, and there is no reason to anticipate any liens will be filed on affected properties that are being cleaned up by the US Army Corps of Engineers (USACE) Consolidated Debris Removal Program.

Contracts through USACE for debris removal are backed by the State and Federal government, and USACE is solely responsible for direct payment to the contractor. No payments should be made to individual contractors by the property owner. The Consolidated Debris Removal Program is being provided at no direct charge to property owners (property owners are only responsible for the portion of funding allocated for debris removal in their existing homeowners insurance policy). For any insurance related payment, property owners will work directly with Mendocino County.

If any fire survivor participating in USACE’s Consolidated Debris Removal Program receives further notifications of this nature, or any other correspondence from a contractor that requests money or indicates that the property owner has unpaid bills in relation to cleanup, DO NOT PAY THEM, please contact the Mendocino County Fire Recovery Team in the Executive Office at 707-463-4441 or ceo@mendocinocounty.org.

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