Legal Question in Construction Law in California

Breach of Contract

How can I use the contractor's lien law to lien property i am not a building contractor, i am a farm manager and have provided farming services and remain unpaid?


Asked on 8/20/07, 6:54 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach of Contract

You probably can't. Mechanics' liens are for "works of improvement" to real property. If you were planting grapevines or an orchard, or installing a solid-set irrigation system with wells and reservoirs, that would be another matter, but if you are just planting, tending and harvesting annual crops, my gess is that doesn't qualify.

To the extent there is an improvement project here, with a definite start and completion aspect, you would be eligible if you are a licensed contractor in your field and were in direct contract with the owner; or, if not in direct contract because you were a subcontractor, you must have given a 20-day preliminary notice.

In addition to contractors, laborers, materialmen and providers of equipment may be eligible to file mechancis' liens, but it still has to be an improvement project, not routine operations.

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Answered on 8/20/07, 7:13 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: Breach of Contract

You are invited to give me a call. We have extensive experience in agribusiness law and have represented many farm managers. My website is cowinlaw.com.

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Answered on 8/20/07, 7:23 pm


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