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Latest Mechanics Lien Law and News

What if Your Mechanic’s Lien is Invalid?

No one is perfect, and there are occasions in which after filing your mechanic’s lien, it has to be withdrawn or released. For example, you may get a demand letter from the owner’s attorney insisting the mechanic’s Lien be released, primarily on procedural grounds. For example, it was recorded too late, does not have sufficient information, or is otherwise invalid under statute. If you decide to release the lien, do you have any other avenues for collection of the mechanic’s ...
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Mechanic’s Lien: Who is it Against?

Assume you are a subcontractor on a commercial project. Although you are not certain, you are of the impression the owner has made dispersements for your portion of the work directly to the prime. But after a number of calls to no avail, the money is not filtering through into your pocket. Can you file a mechanic's lien against the prime contractor? Definitely not. A mechanic's lien and can only be against the owner's title. This is because it is ...
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California Mechanic’s Lien–How to Use a Preliminary 20-Day Notice

It is long been the rule in California that a preliminary 20- day notice is not required before a mechanic’s lien is recorded if you have a direct contract with the owner or the owner’s agent. So this would appear to apply to general contractors only. And this applies regardless of your license status. So for example, if you are a roofing subcontractor, it may be typical for you to have a contract directly with the general contractor. But on ...
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