ACKNOWLEDGMENT OF CAPRENOS SERVICES
1. Scope of Service
I understand that Caprenos Service is designed to produce preliminary
notices upon a written or telephone request from myself or any
authorized representative. I understand that I will need to supply
Caprenos with the following information and allow at least seven (7)
working days for notice preparation.
- My customer's Name, Address and Telephone Number.
- The jobsite address.
- The estimated dollar amount of the job.
- The date I started the job or the date I plan to start the job.
If I have additional information such as the name of the owner and/or
the construction lender and/or the original contractor, I also will
supply that information.
I understand that my preliminary notice will be completed with
information believed to be accurate and authoritative derived from the
following source:
- Direct verbal discussion with reputed original contractor and/or
representatives and/or reputed jobsite owner and/or the
construction lender.
If we are unable to obtain the information necessary for the
preliminary notice from this source, we will then check the sources
listed below:
- Building permits on file in the city or county of the jobsite.
- Where available, Ownership Files, Real Estate Register,
Information compiled from Tax Assessment Rolls.
I understand that Caprenos does not check the official records of the
county in which the work of improvement is located for preliminary
notice information.
I understand that all preliminary notices will be served in compliance
with the applicable statutes relating to works of improvement and
mechanics liens where the particular jobsite is located, providing
that Caprenos does supply service for that particular state.
I appoint Caprenos as attorney-in-fact to execute my preliminary
notice and, upon request, complete the declaration of service.
I understand that I will receive a completed copy of the preliminary
notice for my own files and that Caprenos will maintain a complete
file of the notice and proof of service for future legal reference for
a period of eighteen (18) months from the date of service.
2. Disclaimer of Liability
As purchaser of the preliminary notice service supplied by Caprenos,
I agree not to hold Caprenos liable for any incidental, special or
consequential damages arising out of the service supplied under this
agreement.
I understand that the above waiver of damages includes, but is not
limited to, any inability to enforce a lien or any other legal remedy,
for any reason whatsoever.
Further, I acknowledge that Caprenos assumes no liability for any
damages arising out of:
- The negligence of Caprenos.
- Inaccurate or incomplete information used in the preparation and
filing of preliminary notices, whether supplied by third parties
or the purchaser of this service.
- Any delay in the preparation and filing of any preliminary notice.
3. Limitation of Actions
Notwithstanding the foregoing disclaimer, no suit or action on this
contract for recovery of damages shall be sustainable in any court of
law or equity unless it is commenced and process served within
eighteen (18) months after the service in question has been
performed.
4. Payment for Services
My signature attests financial responsibility, ability and willingness to pay for invoices in accordance with Caprenos’ terms. I agree that I will be billed once a month for the total number of preliminary notices that have been prepared for me during the previous thirty day period. Payment of such invoice is due 15 days from the date of invoice. Charges
of 1½% per month will be added to past due balances. In the event of default I agree to pay reasonable costs of collection, including attorney’s fees and court costs.