BN Daily E-Journal

Get your pen and pad of paper ready, 1099 paper that is. As part of the newly enacted Patient Protection and Affordable Care Act signed into law March 23, 2010, by President Obama, businesses will be required to report payments over $600 per year of goods or services made to anyone, including corporations, except entities exempt under 501 (a) charitys and non-profits. Read more here.
This will also effect you if you receive payments through credit card terminal. The credit card processing companies will be sending a new 1099 called 1099-k which will report your income received. Read more about this proposed law here.
You should start getting 1099 information as soon as possible to help aleviate being over paperworked by emailing or sending the form W-9 to all of your vendors. You can get form W-9 here.

By Sam K. Abdulaziz
Abdulaziz, Grossbart & Rudman

As many of you know, the Contractors State License Board and other public entities have started an enforcement program that would target contractors, both licensed and unlicensed, who are suspected of illegal activity in ten counties that have District Attorneys funded by the Premium Insurance Fraud Task Force. David Fogt, Chief of Enforcement, gave us an update.

Prior to this time, the CSLB had targeted unlicensed contractors with an average of 45 undercover sting operations conducted each year throughout the state.

The new program will redirect ten of those stings in counties with Pilot Proactive Enforcement Programs. This is funded by prosecutors, to include licensed and unlicensed contractors suspected of workers compensation, insurance, payroll and or withholding violations.

We will keep you informed as to any news.

Attorney Sam Abdulaziz of Abdulaziz, Grossbart & Rudman has been practicing construction law for over 30 years. He has written a book called “California Construction Law” which is updated annually. He represents numerous construction trade associations and contractors. He appears at Contractors State License Board meetings and has argued a number of cases before the appellate courts, including the California Supreme Court dealing with the “Pay-If-Paid Clause.” Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients. This document is of a general nature and is intended to highlight areas of the subject matter being discussed and may not contain all of the information; it should not be used as a substitute for legal advice. This document does not create an attorney-client relationship, or protect any confidential information until a written agreement is signed. You should seek the aid and advice of a competent attorney, accountant and/or other professional instead of relying on the presentation and/or documents.

By Milene C. Apanian, Esq. Construction Disputes, Stop Notice & Mechanic’s Lien Lawsuits

After recording a Mechanic’s Lien, follow the suggestions below to make sure your Mechanic’s Lien is Collectible!
1. Act quickly. Do NOT procrastinate. Deadlines are critical to your ability to collect! A Mechanic’s Lien binds a property for 90 days only and it expires if a lawsuit is not filed. The lawsuit foreclosing upon the Mechanic’s Lien must be filed no later than 90 days after recordation of the Mechanic’s Lien.
2. Confirm the information on the Mechanic’s Lien is accurate. A Mechanic’s Lien lawsuit will be defeated if you willfully provide a false Mechanic’s Lien or include labor, services or materials not furnished for the property. A Mechanic’s Lien should not include attorneys fees, lost profit, consequential or delay damages.
3. Determine if an additional/successive Mechanic’s Lien is necessary. After recording a Mechanic’s Lien, you may record additional liens for the following reasons, as long as the additional recordations are within the statutory deadlines:
a. To correct an error in the original Mechanic’s Lien
b. To renew an expired Mechanic’s Lien (only if the owner has not already expunged previously recorded but expired Mechanic’s Lien)
c. To rectify a premature Mechanic’s Lien
d. To assert a claim on a separate contract work
4. Gather key information.
a. Name & address of project Owner/Contractor/Lender
b. Project Name/Address/ Assessor’s Parcel Number
c. Project status and/or completion date; If public project, the date project accepted
d. Payment bond information, if applicable
5. Gather important documents.
a. Contract Documents
b. Preliminary 20 Day notice, including any amended notices
c. Recorded Mechanic’s Lien, including any amended and/or successive liens
d. Mechanic’s Lien release bond, if applicable
e. Pay Requests
f. Unpaid Invoices/delivery tickets
g. Letters demanding payment
h. Conditional/Unconditional Release and Waivers
i. Notice of Non-Responsibility
j. Notice of Completion/Notice of Cessation/Acceptance by public entity
6. If you are paid and the check clears the bank, you must provide a Release of Mechanic’s Lien. If you receive partial payment, you must provide a Partial Release of Mechanic’s Lien.
7. Consult with an attorney promptly. Mechanic’s Lien claims are waived if not timely pursued! An attorney will require about a week to prepare the lawsuit and file it with the court. Do not wait until the last day.

Milene C. Apanian can be reached at (818)760-2000 or at ma@argrlaw.net
ATTORNEY ADVERTISMENT: This article is the courtesy of attorney Milene C. Apanian and the Law Offices of Abdulaziz Grossbart & Rudman & in no way creates an attorney-client relationship. The information contained herein is provided as a service to friends & clients and is not meant to be a comprehensive study of California’s Mechanic’s Lien law and/or remedies. The Mechanic’s lien laws & statutes change constantly & each construction project is unique with its own set of facts and circumstances. If you have questions specific to your project and your Mechanic’s Lien, consult an attorney. © 2009 Milene C. Apanian All Rights Reserved.

Although most cities are still not seeing the permits of years past, there has been some small movement. Stimulus money and budget money has moved into local agencies which is causing a small movement in the Government sector.
In the Private sector, we also see a sparkle of hope, which is partially from the fires last year and other construction activity could be due shifts in home ownership or bargain hunters looking for better pricing on their construction projects.

Each State has stimulus money allocated to them for different things, California’s share of the stimulus package is approximately $80 Billion. A good majority of this funding is allocated towards Health & Welfare programs for our citizens. Within this allocation is maintenance, upgrades, and new construction of, streets, wastewater treatment projects, and buildings.

All grants are being funded by the Federal Government, and the money is given to the State (Departments thereof) inwhich other agencies must apply for funding through the grant process. The following are approximate values of construction related work for the period of 2008-2010 for the State of California.

School Improvements $1.5M
Tax Credit Bonds for School Improvements $2.24M
CALTRANS Project, Airport Improvements, AMTRAK $4 Billion
Construction of Research Buildings $18M
University Improvements $130M
Dept of Public Health Construction (partial) $200M
Public Housing Repair (HUD) $131.2M
Block Grants $123.3M
HUD Tax Credits to Rehab Low Income Housing using Green Technologies $325.9M
Watershed Improvements $34M
Rural Wastewater Treatment Facilities $138M
Wastewater Treatment Systems $284.6M
Underground Storage Tank $18M
HAZ Waste Cleanup $10M
Capital Improvements & Maintenance $14.7M

In addition, the following are Federally funded projects that plan to take place between 2008-2010 in San Luis Obispo, Santa Barbara, and Ventura Counties (this information was obtained through a 3rd party). This is a list of Federal grants (mostly Military) that have been fully funded and are either in the planning stage or published;

RECOVERY ‐ XUMU 06‐1191E Study ‐Validate Short Circuit Analysis
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 04‐1146B Maintain Slopes, Lower Honda Ridge Road
LOMPOC (Vandenberg AFB)
$5,000,000

RECOVERY ‐ XUMU 03‐1031A Repair Parking Lot at Entry VEH FAC, Bldg 8415
LOMPOC (Vandenberg AFB)
$5,000,000

RECOVERY ‐ XUMU 09‐1082B Repair Runway Shoulders
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY ‐ XUMU 06‐1155B1 Repair 30 MSG HQ Overflow Parking Lot
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY ‐ XUMU 05‐1091B Repair 13Th Street from Iceland Ave to California Blvd
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY XUMU 07‐1262B, Repair and Exercise Water Valves Basewide
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY XUMU 06‐1136B, Renovate Training Facility at CE Horizontal Shop, Bldg 10719
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 10‐1070C Construct Parking Lot Extension for Bldg 8314
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 02‐1010A Repair 35Th Street
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 11‐1004A Repair North Edge of Road West of Bldg 441
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 99‐1022B9 Repair 8Th Street
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY ‐ XUMU 07‐1067B Repair Roof at Delta IV Solid Rocket Motor Facility
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY XUMU 09‐1138B, Repair Chillers for Electronics Lab at Missile Maint Fac
LOMPOC (Vandenberg AFB)
$500,000

RECOVERY XUMU 08‐1157B, Replace Hvac Unit, BCE Maint Shop
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 13‐1022B, Replace Kitchen Floor, BLDG 13330
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 95‐1314B, Repair COMM GATR Facility
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 09‐1119B, Replace Chiller 1 at Admin Bldg 8500
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 09‐1090B, Repair Missile/space Research Lab, Bldg 7408
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 09‐1286C, Install Communications Room A/C, Bldg 8401
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY ‐ XUMU 08‐1439B Replace Roof at Cocess, Bldg 11152
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 95‐1041C, Construct Storage at Fire Station #1
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 07‐1124B, Replace Taxiway Lights at South Alpha Taxiway
LOMPOC (Vandenberg AFB)
$100,000

RECOVERY XUMU 11‐1031C, Install Ceiling Fans, BLDG 13135
LOMPOC (Vandenberg AFB)
$100,000

RECOVERY XUMU 09‐1176B, Repair Ladies Restroom, Bldg 9320
LOMPOC (Vandenberg AFB)
$100,000

RECOVERY ‐ XUMU 04‐1146B Maintain Slopes, Lower Honda Ridge Road
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 06‐1155B1 Repair 30 MSG HQ Overflow Parking Lot
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 11‐1004A REpair North Edge of Road West of Bldg 441
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 09‐1375A Basewide Facility Painting Contract Plus ‐Up
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 07‐1067B Repair Roof at Delta IV Solid Rocket Motor Facility
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 10‐1070C Construct Parking Lot Extension for Bldg 8314
LOMPOC
(no value stated)

RECOVERY ‐ XUMU101090A Replace Electrical Switchgear at Ct‐3
LOMPOC
(no value stated)

RECOVERY ‐ XUMU061008B1 Upgrade Feeder Cable, South‐v Power Plant
LOMPOC
(no value stated)

RECOVERY ‐ XUMU091285C Repair/Replace Uninterruptable Power Supply, Bldg 8401
LOMPOC
(no value stated)

RECOVERY ‐ XUMU091128B2‐1 Rental of Trackhoe Equip (Without Operator)
LOMPOC
(no value stated)

RECOVERY ‐ XUMU091128B2‐3 San Antonio Creek Restoration for Corrugated Pipe, Silt Fence and Sandbags
LOMPOC
(no value stated)

RECOVERY XUMU 06‐1189B, Replace Hvac Units & Controls at AAFES BX
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 06‐1023B Repair California Blvd, Hwy 1 to Utah Ave
LOMPOC
(no value stated)

RECOVERY ‐ XUMU 09‐1375A Basewide Facility Painting Contract Plus ‐Up
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY ‐ XUMU 08‐1025B Repair Roof at EELV FAB Shop, Bldg 8305
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY XUMU 08‐1459B, Repair Crac Units in Admin Bldg 7025
LOMPOC (Vandenberg AFB)
$1,000,000

RECOVERY XUMU 07‐1235B, Renovate Mens and Womens Restrooms, Bldg 6523
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 11‐1061B, REPAIR FITNESS CENTER, BLDG 9005
LOMPOC (Vandenberg AFB)
$250,000

RECOVERY XUMU 13‐1025C, Construct 70 Storage Cages for the Dormitory, Bldg 13135
LOMPOC (Vandenberg AFB)
$100,000

RECOVERY ‐ XUMU091213B1 Repair Range Facilities Launch Operations Support Center Repair Backlog Plus up
LOMPOC
(no value stated)

RECOVERY ‐ XUMX071298D ‐ Corrosion Control Antenna Farm
LOMPOC
(no value stated)

RECOVERY ‐ XUMU091128B2‐2 San Antonio Creek Restoration: Rental of Padfoot ride‐on roller compactor and Water Truck
LOMPOC
(no value stated)

Radiological Assessments
VENTURA
$54,000,000

Recovery Act Task Order Presolicitation Notice
PORT HUENEME
(no value stated)

Western Rail Infrastructure Security
CALIFORNIA
$12,870,000

Relaunch Amtrak.com and supporting systems
CALIFORNIA

IT/Telecommunications: Procurement Sourcing and Contracts System (ARIBA)
CALIFORNIA

RECOVERY Santa Maria River Levee
SANTA MARIA
$47,000,000

Rehabilitate Apron [East & Central Apron
CAMARILLO
$1,500,000

In Ventura County in and Near Camarillo, from Daily Drive to Route 118
$1,628,370

RECOVERY XUMU 07‐1124B, REPLACE TAXIWAY LIGHTS AT SOUTH
ALPHA TAXIWAY
VANDENBURG AFB

West Division ‐ Facility Upgrades
SANTA BARBARA COUNTY

Click here to obtain more information about the State of California budget for the Stimulus Package.

As with the DVBE Certification (you will use the same certification method) it is to your ADVANTAGE to apply for a Small Business Certification.

You qualify if your business together with all affiliates, has 100 or fewer employees, and annual gross receipts of twelve million dollars ($12,000,000) or less as averaged for the previous three tax years. There are a few additional requirements, to read all the requirements you can link to the page below for additional clarification.

Additional Requirements