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What is a mechanic’s lien?

Construction projects in the Bay Area can cost millions of dollars to complete and can take months if not years to finish. From start to finish, hundreds of different workers may provide labor to ensure that the structural, electrical, plumbing, and other systems of the project are safe and properly installed. When a worker puts in time on a project, they will generally expect to get paid for their labor.

Nonpayment on a construction contract to a subcontractor can cause workers to miss out on earnings. When this difficult situation is alleged to have happened, a subcontractor may seek to secure a mechanic’s lien. Readers with specific mechanic’s lien questions are encouraged to speak with their trusted construction law attorneys as this post offers no legal advice.

The basics of mechanic’s liens

Mechanic’s liens are interests in property. When a subcontractor claims to not have been paid for work performed, they may file notice of their intent to record a mechanic’s lien. The mechanic’s lien attaches to the property and may be paid out when the property that it is attached to is sold.

The enforcement of a mechanic’s lien can result in the foreclosure of an under-construction property. Mechanic’s liens must follow timing, filing, and notice procedures in order to be legal and valid.

Steps to take to when facing mechanic’s liens

A mechanic’s lien can be a detrimental legal action against a builder and their construction project. When provided with notice of a pending mechanic’s lien from a subcontractor, a builder may wish to seek legal support from a knowledgeable California-based construction law attorney. Although there are no guarantees in the law, it may be possible to defeat a claim for a mechanic’s lien and to avoid the costly process of selling or foreclosing on the project. The facts of individual construction law cases will influence if and how they are able to be successfully defended.