Legal Question in Construction Law in California

Re: statutes

Example for you:

Recording Requested by

After Recording Return to

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(Space above this line for recorder�s use) _______________________

CLAIM OF LIEN

_ _[Name of claimant]_ _ hereby claims a mechanics� lien on the real property in _ _[names of city and county]_ _, California, located at _ _[describe jobsite sufficiently to identify]_ _, owned or reputed to be owned by _ _[name of owner or reputed owner]_ _ for the sum of _ _[dollar amount]_ _, plus interest at the rate of _ _[number]_ _ percent per year from _ _[date]_ _, which is due and unpaid (after deducting all just credits and offsets) for _ _[labor/services/equipment/material]_ _ furnished by claimant and consisting of _ _[generally describe the kind of labor, services, equipment, or material]_ _. Claimant _ _[was employed to furnish the same by/furnished the same to]_ _ _ _[name of person]_ _ under contract with _ _[name]_ _.

Date: _ _ _ _ _ _ __[Signature of claimant]__ _ _[Typed name]_ _

VERIFICATION

I am the _ _[claimant/claimant�s agent authorized to make this verification on the claimant�s behalf]_ _ and the foregoing Claim of Lien is true of my own knowledge, except for matters stated in it on my information or belief, and as to those matters I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _ _ _ _ _ _ __[Signature]__ _ _[Typed name]_ _

Re: statutes

We have handled many of these. Please contact our office for assistance.

Scott

RulesOfEmployment.com

Re: statutes

The statutes covering Mechanic's Liens are found in Civil code Sections 3109 thru 3254. However, it is not necessary to cite any statute in the lien itself. Your question is somewhat confusing, but I would offer the following comments:

1. Timing is all important; the lien must be recorded within 90 days after the project was completed.

2 If you record the lien, you must file a suit to perfect it within 90 days after the date of recordation.

3. You cannot perfect a lien in small claims court. The action must be filed in the Superior court in the county where the property is located.

4. If there is a significant amount of money involved, you really should talk to a construction attorney.

Re: statutes

There are several categories of parties entitled to file mechanic's liens. These include contractors in direct contract with the owner; contractors not in direct contract with the owner (subcontractors), suppliers of materials, and suppliers of equipment. The right to file a lien differs among these groups. Possibly you are filling out a form that is, in effect, asking to which category you belong. One major difference is that those who are not in direct contract with the owner usually must file a preliminary 20-day notice before they can file a lien. Get further legal advice, and when you do, explore this as an answer to your immediate question.

Re: statutes

If you don't know how to do this and you're in the industry, you would be foolish not to consult with an attorney. This is complicated process. Our CA member attorney can assist you if you wish.