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A Stop payment notice, is a verified written notice signed by the claimant which formally notifies the property owner that the claimant has not been paid for their labor, services, equipments, or materials provided to the construction project. A Stop Notice is delivered to the prime contractor or property owner, and demands that they withhold enough funds to pay your claim. If the property owner or prime contractor is in possession of funds at the time your stop notice is sent. They will be responsible for payment of your claim if they disburse those funds to other parties.
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Stop Notices can only be used in a minority of states. If your state does not accept them, you will be wasting your time and money in sending one.
A stop notice can be sent in Alaska to interrupt the funding or money flow from the lender or owner to the project if you are not paid.
A stop notice can be sent in Arizona to interrupt the funding or money flow from the lender or owner to the project if you are not paid.
A stop notice can be sent in California to interrupt the funding or money flow from the lender or owner to the project if you are not paid.
A stop notice can be sent in Washington to interrupt the funding or money flow from the lender or owner to the project if you are not paid.
Stop Notices are generally sent and not filed anywhere. They are usually sent to the owner of a property, the prime contractor, or the company that is financing the project.
Different states have different requirements for how the notice must be sent, what it must include, and who must receive it. You also need to keep meticulous records of when the document was sent and received as it will not be recorded anywhere.
Preparing and sending a notice can be a complex and lengthy process, and small mistakes can make the difference between getting paid or not.
SunRay Construction Solutions does the legwork for you, so sending a notice couldn’t be easier. Simply fill in a Stop Notice form and we’ll do the rest for you.
Frequently asked questions on Stop Notice or Stop Payment Notice
A Stop Payment Notice is a formal, written notice signed by the claimant that informs the property owner they have not been paid for their labor, services, equipment, or materials provided for the construction project.
When you send a Stop Payment Notice, the funds in question are held until it’s confirmed that all deadlines for initiating a lawsuit related to the notice have passed. Remember, the remedies provided by a Stop Payment Notice are in addition to other legal options you may have.
If a valid Notice of Completion or Notice of Cessation has been recorded, subcontractors or suppliers have 30 days from that date to serve the Stop Payment Notice. Meeting this deadline is essential to protect your rights and ensure your claim is valid.
Yes, you can use a Stop Payment Notice alongside a Mechanics Lien claim and/or a Payment Bond claim. These remedies are complementary and not mutually exclusive. This means that if there's an issue with your Mechanics Lien, you can still rely on a Stop Payment Notice or Payment Bond claim.