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Latest Mechanics Lien Law and News

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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Mechanic’s Lien– How to Describe the Property

It would be acknowledged by all that a proper description of the property to be liened should be inserted into the mechanic's lien form itself. But just how descriptive must a mechanic's lien be and should include a full legal description? There are three types of states: 1) a full and long legal description must be provided, 2) an abbreviated legal description is sufficient, including typically lot, block and subdivision and 3) simply a mechanic's lien with the common Street ...
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