Legal Question in Construction Law in California

I'm a contractor and I filed a mechanics lien on a residential property for non-payment. The case went to court, but we were not awarded the full amount of the mechanics lien. Do we have to release it still?


Asked on 2/24/16, 8:19 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, it really depends upon whether the Court considered all claims under the lien. If you were owed for items A, B, C, D, E and F, and your complaint asked for an award on each of these, and the Court ruled that you were entitled to payment on B, C and E but not for A, D and F, you're done and need to release your lien (unless, of course, you appeal). It is possible that your lien covers additional claims that weren't included (and didn't need to be included) in your complaint, and then you could keep the lien in place, perhaps with a modification. I think this is unlikely, however, since your suit probably needed to include all your claims against this particular client and under this contract.

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Answered on 2/24/16, 11:59 am


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