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Lien Lawaka: stop payment notice

Stop Notice

In Plain English

A legal demand that forces the property owner or lender to hold back funds to ensure an unpaid party gets paid.

Definition

A stop notice is a statutory remedy available in some states (notably California) that requires a property owner or lender to withhold sufficient funds from the borrower or general contractor to cover the amount claimed by an unpaid subcontractor or supplier. Unlike a mechanic's lien, which attaches to the property itself, a stop notice attaches to the construction funds. A stop notice can be filed even on leasehold interests where a mechanic's lien may not be available.

Why It Matters in Bidding

For subcontractors and suppliers, a stop notice is a powerful payment-security tool because it reaches the construction funds directly rather than waiting on a property foreclosure. Estimators and project managers need to understand the strict statutory deadlines and preliminary-notice prerequisites in states that allow them, since missing a step can forfeit the remedy and turn a recoverable balance into a write-off.

Example

An unpaid drywall sub who served a timely preliminary notice files a bonded stop notice with the construction lender, forcing the lender to withhold the disputed amount from the GC's next draw.

Related Terms

Frequently Asked Questions

A mechanic's lien attaches to the real property and is enforced through foreclosure, while a stop notice attaches to undisbursed construction funds held by the owner or lender. They can be pursued together. A stop notice may also work on projects, such as some leaseholds, where a lien on the property is unavailable.
A bonded stop notice is accompanied by a surety bond, typically for a percentage above the claim amount. On private projects, bonding compels a construction lender to withhold funds, whereas an unbonded notice to a lender is generally optional for them to honor. The bond gives the claim teeth against lenders.
In states that require it, yes. Claimants who lack a direct contract with the owner usually must serve a preliminary or pre-lien notice early in their work to preserve stop notice and lien rights. Deadlines are strict, so subs should calendar them at the start of every job.

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