Harriet B. Alexson Real Estate Law Blog on Lawyers.com

California Mechanic's Lien Law

Tuesday, May 19, 2009 by Harriet B. Alexson

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California Mechanic's Lien law

Contractors who provide goods or services for construction projects have the authority to file a lien upon the property, where the construction property is located, for unpaid work and materials. Work done with the knowledge of or at the request of the owner is subject to a lien unless a notice of nonresponsibility has been filed. In order to properly file a claim, the contractor must wait for one of the following to occur:

  1. a notice of completion filed by the owner;
  2. a notice of cessation filed by the owner;
  3. the owner occupies the property accompanied by the cessation of labor;
  4. acceptance of the work by the owner; or
  5. after work begins, a cessation of labor for a continuous period of 60 days.

If a notice of completion or cessation has been filed, then the contractor has 60 days within which to file his claim. If no notice has been filed then the contractor has 90 days from completion of the work. This means that a contractor may have up to 150 days from the last day of work to file a claim. After the claim has been recorded the contractor must file an action to foreclose his lien within 90 days of the date of recordation.

For more information on California Construction Law, please visit http://www.AlexsonLaw.com. 

 
Posted at 17:47 PM
Topic: Real Estate
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