Legal Question in Construction Law in California

Is there a process before a contractor can file a lien on a home? Is it just a matter of filing paperwork and does the homeowner get to be heard before such action is taken?


Asked on 3/10/17, 6:11 am

1 Answer from Attorneys

There are no preliminary requirements of the general contractor, unless there's a construction lender and the contractor wants lien priority over the loan. Subcontractors and material suppliers must give notice to the owner that they will be working on or supplying to the job when they start working/supplying or their lien is no good, but that doesn't necessarily stop them from filing one. Any lien claimant can get a lien form, fill it out and record it. If the homeowner contests the validity of the lien on procedural grounds, such as when a lien is recorded, but no lawsuit to enforce it within 90 days, there is an expedited procedure for getting a court order that it be removed. If the dispute is over the work and/or payment, however, and the contractor files suit to enforce the lien, the homeowner will have to litigate or settle the case, or post a payment bond in its place, in order to have the lien removed.

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Answered on 3/10/17, 7:48 am


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