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California Preliminary Lien Notice to the developer and a copy to
petitioner. The preliminary lien notice notified the developer
that construction material would be or had been furnished to the
construction site, and, if the bill was not paid in full, a
mechanic’s lien could be placed against the developer’s real
property.
The mixed concrete was delivered by the manufacturer's truck
to the construction site where, if the concrete was accepted, it
was poured directly into the form. Petitioner would distribute
the concrete evenly throughout the form, install the anchor
bolts, and then use various tools to do finishing work.
"Finishing work" includes ensuring that the foundations and
flatwork are plumb and smooth and that the driveways and walkways
have the proper slope to ensure drainage where appropriate. Some
jobs called for decorative finishing work, such as adding a
design or pattern to the finished surface. At the end of the
day, petitioner did not have any concrete left on hand, and the
amount wasted was de minimis.
In order to track the quantity of concrete and the time of
delivery, the concrete supplier's drivers carried "batching
tickets" which showed the amount of concrete and the arrival
time, pour time, and departure time of the truck. Petitioner
signed the "batching ticket" to acknowledge the delivery.
Acceptance of the concrete was controlled by the developer, not
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Last modified: May 25, 2011