RACMP Enterprises, Inc. - Page 9




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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