Scanlon Duncan LLP

Tim is offering a virtual Mechanics Lien Seminar through Kern County Builders Exchange on September 23. Register on their site to receive a Zoom link. https://www.kcbex.com/

Scanlon Law is now Scanlon Duncan LLP. Welcome aboard to Jim Duncan, registered patent attorney and longtime friend. We’re in the same office with the same phone number and eager to continue serving our clients.

County Recorder's offices throughout California remain closed to the public. As a result, persons seeking to record vital documents are required to mail those documents to the Recorder's office and are no longer permitted to record them in person. The current conditions can significantly impact one's ability to timely record a mechanics lien to protect the right to payment on a project. The Kern County Recorder's Office website warns that the office is currently closed to wal...k-in customers but that documents sent via mail are still being accepted and recorded. Return delivery of the documents can be expected by mail within 4-6 weeks. This can be unnerving on both the front-end and the back-end of the recording process. On the front-end, a person seeking to record a mechanics lien must proactively mail the document with enough time to ensure timely delivery through the U.S. Postal Service and hope that the document is not inadvertently lost in transit. On the back-end, if the document is either not received, or if it is rejected by the Recorder's office for any reason (including improper calculation of recording fees), one may not learn of the problem for 4-6 weeks, at which time the deadline for recording may have expired. To complicate things, it is unclear whether the Recorder's Office is backdating the document's recording date to the date the documents was received, or whether it is recorded with the date that it is actually processed. As a result, a document that is technically timely received may be given a recording date that is untimely. As of today, we are unaware of any emergency order, law or statute that provides any relief for the strict deadlines for recording a mechanics lien. Accordingly, those seeking to protect their mechanics lien rights must be more proactive than ever. This may mean sending the document via overnight mail to cut down on transit delay, and include some tracking confirmation. Additionally, a follow up telephone call to the Recorder's Office to confirm its receipt of the document and to confirm that the document has not been rejected for any reason would also be prudent. Be proactive and do not delay! See more COVID-19 posts relating to the construction industry at thescanlonfirm.com and check in with the Kern County Builders Exchange

Kern County Builders Exchange calls for a voluntary stand down meeting April 6. Please read and contact us with any questions or needs.

As of March 31, Alameda, Contra Costa, Marin, Santa Clara, San Francisco, and San Mateo Counties have ordered new restrictions on construction. Although Kern County is not subject to such restrictions at the time of this writing, many local contractors conduct business outside of Kern County. Additionally, Kern County may only be a short time away from ordering similar restrictions and contractors should be aware of potential disruption in the near future. For a full list of projects that are entitled to move forward: www.thescanlonfirm.com

More information to keep you updated on industry standards and practices during shelter-in-place order.

COVID-19 continues to impact the construction industry. Potential problems include supply chain disruptions, labor shortages, and client/lender jitters, any of which may result in project delays. Your construction team should review the Force Majeure provisions contained in your contracts. Generally speaking, Force Majeure events include unforeseeable circumstances that prevent someone from fulfilling a contract. What constitutes a Force Majeure, the timing and method of pro...viding notice, and the remedies available to your business, are usually outlined in the contract. For instance, a contractor must often provide notice within 48 hours of a Force Majeure event via certified mail, and is often entitled to a time-extension only with no additional compensation. Each contract is different, so be proactive in reviewing Force Majeure issues and how they might affect your business. See more

CONSTRUCTION WORKERS ARE 'ESSENTIAL' Shortly after issuance of Executive Order N-33-20, Governor Newsom clarified who constitutes an Essential Critical Infrastructure Worker. Included in the list are Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction). Also included are Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities and critical sector services. In short, Scanlon Law is open and ready to assist!

Fantastic night, as usual, at the Kern County Builders Exchange annual Lamb Fry. Thanks to Mikin and her team for hosting such a great event!

Thank you again to our family of clients and friends who dropped by the open house earlier this week. We appreciate you!

We’re ready for you to stop in today - 4:30-6:30 for the Scanlon Law Open House. 5001 California Avenue, Suite 101 next to Stockdale Christian School.