Legal Question in Construction Law in California

I am a manufacturer and i need to file a lien on a property because i have not been paid for the product in which has been installed by the contractor whom does not have a license to do so; hoe do i do it and what forms do i need? thank you.


Asked on 12/31/09, 6:28 pm

1 Answer from Attorneys

The lein you need to file is called a Mechanics Lein (don't ask me why; after over 20 years in construction law I have yet to hear a good answer). The form is mandated by statute. So there is nothing proprietary in any version of the form. You should be able to find it easily in any business stationary store or online. Unfortunately, as a material supplier to the original contractor, there are a variety of preliminary steps you must have taken in order to perfect your lein rights, and then you must record the lein within strict time limits. If you are shopping for a form on a free legal information site, it's highly likely you have missed one of the requirements. If you regularly sell your products to contractors, and want to preserve your lein rights, you really should pay an experienced construction attorney to review your practices and procedures and go over what you need to do to make sure your rights are enforceable. This is one of the areas of the law where the tecnicalities will really hang you up.

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Answered on 1/05/10, 9:15 pm


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