WoIfrErine Flooriryt A "

Trademarked products mean high quality maintained. They guarantee protection for the buyer f rom the manufacturer through the distributor and dealer.

q JPE,HS satisfaction and lasting economy in hardwoods, veneers and oak fooring. That is why many of California's finest buildings contain hardwoods from the yards of Nickey Brothers.

Office and Yarils:

6420 South Parlc Avenue

Phone THornwall I 197

(Continued from Page 38) but not if he takcs a security from thc con- tractor. Martin vs. Beckcr 169 Cal. 301.

21. A materiaLnan who dclivcred lO houses in a row and could not segregatc hie clairns against each house and tot lid not lose his lien but took rank after the lien clairnants who could. Southern California L"'nber Co. vs. Pcters 3 Cal. 240. lf8E C. of C. P.

22. An owner cannot plead as against a materialman's lien that the contractor has not fully performed his contract unless the work be so defective as to lose the property entirely. Maximos vs. Wilson 18 Cal. App. 595.

23, A contractual agreement between owner and contractor that no money is due until a ccrtain stage in the work does not work unru stagc rn aloes affect the materialman's right to lien. 16 A. R. L. 981.

24. A lien is valid only for the unpaid balancc. Pacific Portland Cement Co.- vs. Hopkins 17+ CaI. 251. But a lien for morc than is due is subjcct to correction without prejudice unlcss proven fraudulcnt.

PROCEDURE TO FORECLOSE A LIEN l. A suit to foreclose a lien must bc filed within- 9{) days of filing the lien. By making a partial payment and by mutual agreement the guit can be extendcd 3O days at a tirae not to cxcecd in all one ycar. Failure to prosecutc thc suit after filing for 2 ycars automatically cancels the lien. l1E4 A. C. of C. P.

2. An owner can pay a licn judgmcnt and dcduct samc from amount due the contractor but if thc owncr pays a lien prior to judgment on Bame hc does so at his pcril. 1193 C. of c. P.

3. A licn clairnant is allowcd costs of verifying licn and rccording but not attorney's fees. ff96 C. of C. P.

4. Title to propcrty is gaincd I year after lien judgmcnt is recorded. Prior clains must be paid. 1f93 C. of C. P. They can only be agsumed by conecnt of thc prior claim hotder. STTTLING A LIEN l. Markct valuc of material is basis of sct- dcuent of a lien. Orncr cannot sct valueg Hanilton vs. Christensen 148 Cal. 272.

2. Aftcr filing a lien against an owner the latter can put up a satisfactory bond and rclcase thc propcrty. Roystone vs. Darling t72 Cal.20S.

3. Material dclivered to a contractor is not subjcct to his other creditors' claims or judgnents of any kind. 1196 C. of C. P.

4. A contractor is liable for a deficit. 1184 b C. of C. P.

5. Where therc is not sufficient to cover licns they share pro rata. 1184 b C. of C. P. Thc contractor is liable for the deficit with the owner. 1184 C. of C. P.

6. The court will decide what is thc right or reasonable amount of ground to include in a lien. It must be contiguous unless it is claimed that the material is dclivered to scvcral lots, in which casc it is not ncccssary to lien against each lot providing the lien reiitcs how much is due against cach lot. ttE5 C. of C. P. Note 10 A. L. R. 1026.

In Conclusion

90 per cent of licns are paid without 8uit. The process of getting judgrnent on a licn where the owner fights is very tedious to say the least. Renembcr, you must prove that, first, thc material was actually dclivercd on the job. (Suppose the contractor hauled it himsclf and cannot or will not swear it all qent to that job, and can identify it on thc job.)

2nd, That it was all actudly used in thc conotruction, altcration, addition or repair to that particular job.

- {t ig wilt appear at once that this is a vcry difficult t}ing to do, the best thing to do ii to carefully filc your lien on time, file suit just insidc thc 90 days and thcn postpone prosecuting it for thc full 2 ycars if boss:iblc. You can protcct youreelf in a nurnber of traya, somc of which are:l. Be surc that thc property is rearonably clear-not more than one mortgagc.

2. Get signed receipts for each unit dclivercd on thc job by rorae respongiblc party on thc job. The owncr, of course, ioulal bc the bcst recipient, and aftcr him thc contractor and ncxt thc forcman.

3. Kccp cach individual accoult by itsclf on your lcdger. Do not run a gencral account. For examplc. If John Smith har 10 jobr, havc 10 accounts for John Smitb Btating to exactly which address or lot each account bclongs and sec that dl salcs tags arc accuratcly charged to cach lot. Herc is where carelcssncss is nost colnmon.

-4: Check up on all jobs which go 3O daye without a delivery charge. Go through your ledger the lSth of each month. make a list out and give it to your outside man. Lct your outside man also scc that the contractor is not moving his matcrial from one job to an_other; that he is using it on the job to which it is delivered. Lef him also ociasionally observe the progreea of thc work. (Thc statute making it a felony for a contractor to- use the money paid him !y an owner for other-purposes so that he cannot pay his naterial bilts was declared unconstiluEonal unless a certain form of reccipt ig uecd but hardly a'nyone is careful enough to usc the c-orrect form.) If work stops for an unduc tirne on the job, or the owncr movcs in hc ehould advisc you at oncc. Or if thc contractor abandons thc iob bcfore corapletion or the owner files notice, you should be adviscd at oncc.

The owncr buildc generally but oncc in bir life time. Hc gencrally dois not Lnow thc lien law, evcn law5rers arc at odds on it. Thc o.wner is cntitled to considcration. Evcry time hc is made to pay undcr the lien law anothcr -cncmy is addcd to the growing fist of cncmica of the lien law. We iio not -want to lose it It is dl the protcction we have against crootcd contractors and owncrs. 'Wc necd this law. Thcre has bcen agitation to rcpeal it as unjust to those who are not awarc of it.

I suggest that wc have printed copies of Article 15 Scction XX of- the Statd Con- stitution and kccp some on hand. Thcn whenever wc feel that an owner should know thc law or he asks us "if it's all right to Day his contractor," either hand him i copt' oi rnail him onc. Then it's up to him. HC&n't say "I didn't know-why didnt you tcll mc." Gcnerally it ia those who can lcast afford to tose who are made to suffer by the licn law.