Legal Question in Construction Law in California
Can a customer of a contractor obtain a lien on an unfinished job and non delivered and incorrect items that have to be replaced?
1 Answer from Attorneys
Your question makes no sense. A lien attaches to the property on which the project is located. The customer of a contractor already owns the property. A lien is a legally binding attachment on a property to secure payment of a debt or performance of some obligation that must be paid or done in order for the lien to be released. A customer can't attach their own property to secure the contractor's performance. The only other situation is where the customer doesn't own the property because they are a tenant and the construction is tenant improvements (generally this is only in a business tenant situation). But then the tenant has no right to lien the landlord's property over something the tenant's contractor has done or failed to do. So not only can't a customer obtain a lien on a job, it is totally backward and upside down to even talk about it.
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