Legal Question in Construction Law in California

Mechanics Lien Filed by subcontractor, no 20 day prelim,beyond 90 days of completion of work.

I had a new concrete slab installed in my garage by a contractor on 6/2/2010 I paid his invoice on 6/4/2010. I just got a letter today from the county (10/14/2010) stating that there is a mechanical lien being placed on my property by the concrete material supplier to my contractor.

They state that the bill for materials was due on 7/22/2010. The amount is less than $750.00

This was rather surprising as I have not received a 20 day preliminary notice at all, and by my

accounts since the project was complete on the 2nd of june the supplier is well beyond the 90 days required to file a lien.

I have spoken to the contractor who told me that his issues (I assume he was talking financial) has been cleared up with the supplier, but what to do?

Is this lien invalid? If so can I have it removed? This fails 2 of the requirements of the lien requirements checklist on the Contractors State License Board website.

This seems like there is some abuse of process happening here.

I am planning to try to refinance the loan of the house next month as rates are still low, and this

is going to be very detrimental in applying for a refinance.

thank you in advance for your time.


Asked on 10/14/10, 11:05 pm

2 Answers from Attorneys

Recording a mechanics lien is exempt from abuse of process by statute. There is, however, a statutory process for removing an invalid lien on an expedited basis. It takes only a little over 30 days and as long as you prevail the supplier must pay you up to $2,000 in attorneys fees. In addition, Civil Code section 3153 requires the contractor to handle this for you. If he fails to do so, he is liable to you for any attorneys fees you have to expend to clear the lien. My recommendation is that you point this out to the contractor and demand that he either get a petition to release the lien on file, or obtain a release from the supplier, within something like ten business days, or you will file the petition yourself and seek your fees and expenses from the contractor. If he doesn't do it, feel free to contact me and I will help you get the petition filed.

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Answered on 10/20/10, 10:03 am
Keith Salek Salek Law Firm

Under the law, there is an expedited procedure for removing invalid mechanic's liens which is supposed to be heard within 30 days. If the court grants the motion or petition that is filed by the homeowner, the homeowner will be entitled to receive its attorney's fees for the filing of the motion/petition to remove the mechanic's lien. The motion or petition does not cost too much and I will be happy to discuss the issue with you more in detail. You can call me at 714 258-7800.

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Answered on 10/20/10, 11:30 am


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