An Orange County Construction Attorney Defines Mechanic’s Liens

November 9, 2016

Mechanic’s liens are an unfortunate reality for some California businesses. In fact, they can become extremely important to subcontractors and suppliers who are owed money for completed projects. The law that governs mechanic’s liens in California is complex, which is why it’s advisable to consult with an Orange County construction attorney before filing the necessary paperwork. It may also be wise for property owners who are hit with a mechanic’s lien to seek legal counsel to find out how to address the situation.

First, it’s essential to understand mechanic’s liens. Despite the name, these liens are rarely placed by mechanics who repair cars. Instead, they are most often used by subcontractors and suppliers who work in the construction industry. As an example, suppose that a homeowner hired a general contractor to remodel their kitchen. The contractor asked a supplier for a suitable range for the kitchen, and the oven was delivered. However, the contractor failed to pay the supplier. California law makes it possible for the supplier to put a mechanic’s lien on the improved property, which is the homeowner’s house.

Having a mechanic’s lien placed against a property is an enormous headache for the homeowner. The lien can force the homeowner to pay for the same work or supplies twice. However, because it is possible for the homeowner to lose their house to foreclosure as a result of the mechanic’s lien, paying for the equipment or work performed by the subcontractor is usually the preferable option. It may also be possible to sue the general contractor who caused the mess in the first place, though it is important to realize this is often a lengthy process.

Whether you’re a homeowner who has received a nasty surprise from a subcontractor or a supplier or you work in the construction industry and are interested in filing a mechanic’s lien, you need the advice of a competent construction attorney. That’s because mechanic’s liens in California are complicated. If the process is not followed to the letter of the law, then the lien may not be valid. While this can be good news for homeowners, it’s not the kind of bad news that an unpaid subcontractor wants to hear.

Contact a Savvy Orange County Construction Attorney Today

California mechanic’s liens are subject to strict timelines. Moreover, the documentation and paperwork that are required to support a valid lien can be difficult to interpret. Contact an Orange County construction attorney at Fitzgerald Yap Kreditor to learn more at (949) 788-8900.