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Latest Mechanics Lien Law and News

Mechanic’s Lien Law–When Does Work Start?

When calculating time periods for a mechanic's lien, oftentimes the actual date in which work started is important. Take for example priority issues. In the battle between a mortgage and a mechanic's lien, the question arises as to what has priority. This usually occurs when the property is being sold due to foreclosure and there are limited proceeds upon sale to be distributed. In many states, a mechanic's Lien claimant has priority over the mortgage if work was started by ...
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Mechanic’s Lien Update–Don’t Include Freebies

We are all used to filing a mechanic's lien for all the unpaid services, both labor, materials and equipment. But during almost any construction project, there are instances in which, for customer relations, you agree to reduce portions of the bill or not include certain items. But if you are not subsequently paid, can you retract those offers and ask for the full amount? The answer is yes. Assume the following example. You are performing a kitchen remodel and the ...
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California Mechanic’s Lien–Does a General Have to Serve a 20 Day Notice?

We are all familiar with the requirement of subcontractors and suppliers serving a preliminary 20 day notice at the beginning of a California construction project in order to later record a California mechanic's lien.  The general rule is typically if you are a general contractor with direct privity with the owner, you do not have to serve such a notice. But, are there any other instances in which a general must serve a 20-Day? There may be in the area ...
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