Laws and Legal Rules About California Mechanics Lien Law

California, like all other states, has mechanics lien laws help protect construction companies or other property service providers to get paid for their services that they have completed. Like all other states, Mechanics lien law can be very confusing and complicated. It is important to know your options and how these laws can protect you. Our services will guide you to know about the California mechanics lien law to be successfully when filing your next lien.

WHO CAN FILE A MECHANIC LIEN IN CALIFORNIA?

Typically, any person or company that provides Labor, materials or related services during a construction or completion of a project can file a mechanics lien. This includes general contractors, subcontractors, laborers, and material suppliers. The rules can differ depending on the type of service that was provided.

THERE IS A PRELIMINARY 20-DAY NOTICE REQUIREMENT

This notice must have been served within 20 days of the day the lien holder started working for you or begin supplying materials to the project. If they missed the 20 days, they could still serve the notice late but only money earned within the previous 20 days can be included in their lien.
The notice must have been served either by certified mail, return receipt requested or personally served on each of the parties. If they file a lien, they need to provide proof of this service by affidavit and proof of mail delivery. Their notice must have included a description of their work or goods that they provided, they have had to include the estimated total price of the work or goods they provided and the statutorily required statement California Civil Code Section 8202 Chapter 2. The language in their notice must have had the exact language in the statute.

THE LIEN REQUIREMENTS

All mechanics lien in California must contain the name of the owner, the correct description of the property and location, the name of the hiring party, the description of the work performed, and the amount of money owed. It is required that the lien also include the statutorily required statement in California Civil Code Section 8416 Chapter 4.

FILING AND SERVING THE MECHANICS LIEN

California statue requires a mechanics lien to have been filed 90 days from the last day the person or company performed work or provided goods to the project that they are trying to file a mechanics lien against. However, the owner of the property can file a notice of completion or cessation to indicate the project has stopped. If the owner does file this notice, then the person or company trying to file a lien only has 60 days from the filing of the owners notice to file their lien. It must be filed in the county recorder’s office and in the county where the property is located. The lien must have been served by certified mail, return receipt requested or personally served on you. They also must have provided you with proof of this service by affidavit and proof of mail delivery.

IMPORTANT FACTS TO CONSIDER WHILE TRYING TO DISPUTE A MECHANICS LIEN

How do I get around a mechanic's lien?
If you are trying to sell or refinance your property, Certain type of Bond can be filed in order to remove a lien relatively quickly. In many cases it is more cost effective and time saving if you can negotiate a payoff if you feel that some services were provided even though you were not satisfied with the work or materials. The other option is to fight the lien in court.