3 Keys to Mechanic’s Liens in California

Mechanic’s liens are a somewhat speedy tool in construction disputes that allow contractors, subcontractors, material suppliers and laborers on construction projects to place a lien on the owner’s property.

(1) Preliminary Notice Required: In order for a contractor, subcontractor or material supplier to have the mechanic’s lien remedy available to them, they must first service a preliminary notice on the owner of the property. The Preliminary notice, among other things, provides the owner with notice as to the identity of the person who may be entitled to enforce a mechanic’s lien and the amount of their potential claims.   The preliminary notice is very important, because a mechanic’s lien is not enforceable by a party who fails to satisfy the statutory requirements for a preliminary notice (this excludes laborers).

(2) Time Frame for Recording a lien: There are various time frames for recording a lien that are controlled by statute. Generally, however, the direct contractor must record the lien after the contract work is completed and prior to the expiration of either (1) 60 days after recording a notice of completion or notice of cessation or (2) 90 days after the completion of the work if there is no notice of completion or notice of cessation of labor recorded.

(3) Action to Enforce the Lien: A mechanic’s lien acts in very much the same way a mortgage or deed of trust works. Therefore, in order to enforce a mechanic’s lien the claimant must bring an action to foreclose on the lien. The claimant must bring the action to foreclose on the mechanic’s lien within 90 days after the mechanic’s lien is recorded.   If the claimant fails to file the action to foreclose on the mechanic’s lien within 90 days, the lien expires and is not enforceable against the property.

The law on mechanic’s liens in the state of California is quite specific with a complicated and detailed statutory framework. At Schorr Law, our Los Angeles mechanic’s lien attorneys, have experience dealing with mechanic’s liens on both commercial and residential property.

For help with your mechanic’s lien case or to inquire about a free consultation, contact us today at 310-954-1877, info@schorr-law.com or by filling out the contact us box on this page.

Click on the categories below to see other related articles.

 

Share Button
Tagged with: , , , ,
Posted in Mechanics Lien

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

Contact Schorr Law

Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

Need Representation?

If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award