It is crucial for any California contractor to understand they are rights under California construction law. Basic knowledge of the Mechanics’ Liens allows a contractor to have access to a powerful tool to make sure that they are paid for construction work performed.
Step 1- The Preliminary Notice
A preliminary notice is required by every person or company without a direct contract with owner or general contractor and who furnishes labor, service, equipment, or material for which lien or payment bond may be claimed, or for which stop notice can be given. The Notice must:
- be given to specific individuals and entities;
- be served within 20 days of starting work;
- include all required content;
- have an estimate of the total price of the work to be provided; and
- be properly served.
Step 2- The Mechanics’ Lien
The Mechanics’ Lien assists a contractor in getting paid for work. The Mechanics’ Lien must include:
- claimant’s demand for payment;
- the owner’s name (or presumed owner) if known;
- work claimant furnished;
- name of who employed claimant or to whom claimant furnished work;
- description of the site where work was performed;
- Claimant’s contact information;
- Proof of Service; and
- Statutory language required by the California Civil Code
The Mechanics’ Lien must be recorded in the county where the project is located by the required time after completion of the work to allow for enforcement of lien rights.
Step 3- Mechanics’ Lien Enforcement
After the Mechanics’ Lien has been properly recorded, a lawsuit to foreclose the lien must be filed within 90 days of recording the lien. The lawsuit must be brought in the county where the property is located. If a claimant fails to file a lawsuit to foreclose the Mechanics’ Lien within statutory deadline, the lien is automatically unenforceable and you waive your right to enforce the lien.
A Construction Law Attorney is Essential to Protect your Rights
A skilled Construction lawyer can assist you with this process, answer your questions and help you get paid for work. For guidance regarding Mechanics’ Liens and other construction related questions call us at (925) 463-9000 or send an email.
Lisa Wills of the Law Offices of Lisa D. Wills is a skilled construction law attorney in Pleasanton, CA helping owners and contractors through the Mechanics’ Lien process. For questions concerning construction law, contact Lisa Wills at the Law Offices of Lisa D. Wills or call (925) 463-9000.