Mechanics Lien Law
Overview
A mechanics lien is a powerful tool because it uses property to secure payment for the reasonable value of the labor, material, or equipment provided. However, a mechanics lien is only enforceable if the requirements to properly establish the mechanics lien have been met. And proper deadlines for recording and filing a lawsuit to foreclose the mechanics lien must be strictly adhered to.
The mechanics lien attorneys at Flores Ryan, LLP have expertise in every aspect of California mechanics lien law. We provide the legal expertise to ensure that mechanics liens are enforceable. Our extensive experience as mechanics lien attorneys allows us to advance mechanics lien claims strategically to maximize the likelihood of a rapid and substantial recovery.
ARTICLES
California Mechanics Lien Basics
This article covers eligibility for obtaining, and requirements for perfecting, mechanics liens in California.
Mechanics lien deadlines in CA
An overview of the deadlines applicable to recording and enforcing mechanics liens in CA.
Steps To Take After Recording a Mechanics Lien in California.
Suggestions and strategies for securing payment after a mechanics lien has been recorded.
Mechanics Lien, Stop Payment Notice, Or Bond Claim?
A comparison of statutory payment remedies and when some or all should be employed.
KEY POINTS
- Only amounts overdue for labor, services, or materials used to improve a project can be included in a mechanics lien.
- In order to include amounts owed for labor, services, and materials in a mechanics lien, preliminary notice (if required) must have been sent within 20 days of the first day that the labor, services, and materials in question were provided.
- To be eligible to record a mechanics lien, preliminary notice is required unless the mechanics lien claimant has a direct contractual relationship with the owner or is a laborer.
- A mechanics lien must be recorded within 90 days of project completion by all trades, absent a notice of completion or notice of cessation.
- When a notice of completion or notice a cessation is recorded, the deadline to record a mechanics lien is reduced to 60 days from that notice for direct contractors and 30 days from the notice for all others.
- Providing labor, services, or materials to a project after a mechanics lien has been recorded will invalidate the lien.
- A lawsuit to foreclose a mechanics lien must be filed within 90 days of recording the mechanics lien.
- If a lawsuit is not filed within 90 days of recording a mechanics lien, the lien expires and must be released on demand.
- A release of mechanics lien must be notarized and the original recorded. A lien should be released if payment has been made or the lien has expired and the owner has sent a demand that the lien be released. If partial payment has been made, a partial release of lien should be recorded.
FORMS
Below you can generate the following forms that are applicable to mechanics liens:
- Preliminary Notice Generator
- Conditional Waiver & Release on Progress Payment Generator
- Unconditional Waiver & Release on Progress Payment Generator
- Conditional Waiver & Release on Final Payment Generator
- Unconditional Waiver & Release on Final Payment Generator
- Letter of Intent to File a Mechanics Lien
- Mechanics Lien Generator
- Partial Release of Mechanics Lien Generator
- Total Release of Mechanics Lien Generator