Legal Question in Construction Law in California
Mechanics Lien Process
We signed a contract with a licensed flooring contractor who twice called in our electrician to take care of providing 220 volt electrical power. Each time the electrician got there, the work was already done and he wasn't needed. We paid for the first service call but deducted the second one from the flooring contractor's contract since it was not necessary. Now he is threatening to file a lien for the unpaid balance but he never filed a 20 day Prelimary Notice. Does he still have the right to file a lien without the notice? I thought the contractors law was very specific regarding this requirement. Do we have any recourse if he does file a lien?
2 Answers from Attorneys
Re: Mechanics Lien Process
There are exceptions to the 20-day notice requirement that may apply in your case. The requirements and exceptions are set forth in Civil Code section 3097 and 3097.1, but see also section 3114.
A lawyer would need more facts to advise you, but you can perhaps get a better idea of whether the notice requirement applies or not by looking up the Civil Code sections and reading them in the context of your facts.
In any event, you should not treat the 20-day notice "requirement" as a sure-fire defense.
Re: Mechanics Lien Process
In general, persons with a direct contractual relationship with the property owner do not have to serve a 20-day preliminary notice in order to have lien rights.
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