Mechanics'
Liens
The California Constitution
gives mechanics'
lien rights to contractors, workers and material suppliers.
Design professionals
are also afforded mechanics lien rights, but only after construction
begins. Prior to construction they have design professional
lien rights. This is specific only to licensed architects, engineers,
and landscape architects.
While recording a mechanics'
lien is a straight forward and easy process, the laws for enforcing
mechanics liens are complicated and often confusing. If the
lien has any possibility of being challenged, you are wise to
seek the assistance of a competent attorney that understands
mechanics liens before you even think about foreclosing
on the lien. This could save you a significant amount of money
in the long run.
By the nature of the mechanics' lien, the property owner runs
the risk of having his property sold to pay the lien, so his
motivation will be to fight the lien at all costs. In order
to get back what you are owed using a mechanics lien, be prepared
for a challenging and technical legal battle.
On the surface, applying mechanic's lien
laws seems obvious, but case law has dissected and analyzed
this to the point that mechanics' liens are complex and often
misunderstood.
The reason
that we do not make it sound easy, or a quick step by step how-to,
is that there are too many important factors that can affect
your rights. It would be a disservice to imply that this process
is a simple affair.
We have provided the forms that the CLSB
has made available. Click on the 2012 information link below
to go to the forms.
To understand the critical timing of the mechanic's lien process,
click here.
Click here to get the latest information
on the 2012 mechanics' lien law changes. A word of warning -
if you ignore these laws you run a real risk of jeopardizing
your mechanic's lien rights.
Click
here for information on what changes were made for 2011.
This information is now for archival purposes only.
We are...
Anything But
Typical
Call us now to discuss how you can benefit
by using a different approach to managing to your legal
needs.
619-544-0086
info@construction-laws.com |
