Construction Law – Mechanic’s Liens
Our firm represents contractors, subcontractors, and property owners who need assistance in resolving their payment issues, including issues regarding enforcement of mechanic’s liens and stop payment affairs.
A mechanic’s lien is a remedy that allows contractors and subcontractors and material suppliers to a real estate project to secure their interest in payment for goods/services, and if not paid timely, to foreclose on real property in the case that they have not been paid for their work. For example, in the case that a subcontractor is not paid for his completed work by the general contractor, he can file a mechanic’s lien against the property to receive payment. If the project is a public works project however, the subcontractor cannot place a mechanic’s lien on the property. Instead, he can file a stop notice, which will require the public entity to hold funds to pay the subcontractor.
In the state of California, the state constitution gives the right to enforce a lien to licensed mechanics, material-men, artisans, and laborers who supply labor and/or materials to a construction project (and the labor and/or materials provided are actually used in the project). However, the right to enforce such a liens are exceedingly difficult to interpret and often require the assistance and knowledge of an experienced attorney. There are many short statutes of limitation as to recording the lien, giving notice of it, and foreclosing on the lien.
Our office also represents property owners contesting the validity of a mechanics lien, such as where the lien claimant has not complied with the applicable statutes for filing and for foreclosure, or where the lien was not validly recorded.
If you feel like you have an issue involving a mechanic’s lien that requires assistance, don’t hesitate to contact our office at (424) 380-6662 or fill out the form here.
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