In California, the legislature has created a payment remedy for parties that contribute labor, material, equipment or other construction services to a private work of improvement or private construction project, called a Mechanic's Lien. A Mechanic's Lien is generally a claim against the owner's title to real property, i.e. the land, which has benefited from construction work. The lien becomes a security interest for payment to a person or business who has directly contributed labor, material, equipment or services to the construction project on the real property. If that person or business has not been paid on time, then the recording of a valid Mechanic's Lien may ultimately result in the property owner paying for the services rendered. Lien rights have stringent technical requirements including but not limited to a proper and timely 20-day Preliminary Notice,
Draft and Record Mechanic's Lien
California Civil Code Section 3082 should be reviewed for the current specifics of a lien, including but not limited to identifying the real property where work or materials was incorporated, who ordered the work, and the reasonable value of the work itself.
The lien then needs to be recorded with the appropriate fee paid, in the California County where the real property resides. A sample Mechanic's Lien can be found on our primary website (www.MauLaw.com). Consultation with an experienced Construction Lawyer is encouraged, and this summary is intended to cover only California law.
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