A mechanic’s lien is a lien utilized by contractors, engineers, material suppliers, and designers that is recorded against the real property where their work was performed. By recording a lien, the “mechanic” has the right to foreclose on the property where the work was performed. The foreclosure, completed using a lawsuit, will result in the sale of the home with proceeds from the sale set aside to compensate the party with the lien.
A contractor or subcontractor can file a mechanic’s lien. While subcontractors are required to provide additional notices to the project owner, a party does not have to contract directly with the property owner in order to have mechanic’s lien rights. A general contractor should pay close attention to money received and work completed to insure subcontractors are paid without the need to file a mechanic’s lien.
Mechanic’s liens are serious claims to the title of the real property and; therefore, should not be taken lightly. Multiple requirements and deadlines must be complied with in order to take full advantage of mechanic’s lien. Any simple mistake such as overstating the amount due in the lien can result in the complete elimination of your lien rights. With all the nuances associated with California mechanic’s lien laws, you should contact Afsar Law Group for assistance before your next construction, real property or mechanic’s lien related dispute.
Amir H. Afsar, Esq. is an attorney and founder of Afsar Law Group, A.P.C. which represents clients in business, real estate, construction, and estate planning matters throughout the Coachella Valley including Indio, La Quinta, Bermuda Dunes, Indian Wells, Palm Desert, Rancho Mirage, Cathedral City, Palm Springs, Banning, Joshua Tree, and other cities located within Riverside and San Bernardino County. Mr. Afsar can be reached at Afsar Law Group, A.P.C. at 760.345.3110.