Legal Question in Construction Law in California

Re: Removal of a mechanical lien

It's difficult to understand your question. It appears as though you may be asking two questions. One, how to remove a mechanics lien and, two, how to hold a contractor liable for poor workmanship. Answers to both are long and involved and not easily answered in a paragraph.

If the lien is over 90 days old, there is a summary procedure for getting rid of it. If the contractor has foreclosed on the lien, you will have to go through the litigation process. If you want to get the lien off title during the litigation, you can purchase a mechanics lien release bond.

Re: Removal of a mechanical lien

To enforce a lien, the contractor must file a suit to foreclose on the lien within 90 of recording the lien. If he did not timely file suit, California law provides for an expedited court procedure to expunge (remove) the lien.

If the foreclosure action was timely filed, your way of oppose and remove the lien is to defend the lawsuit, at which time you can present the procedural and substantive defenses to the lien, including the quality workmanship and other damage claims. While the lawsuit is pending, the lien will remain on the property, unless you obtain a mechanic�s lien release bond.

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Re: Removal of a mechanical lien

If not by agreement with the lien holder, then through legal action. Consult local counsel.