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Mechanics Lien Toolkit (CA)
Practical Law Toolkit w-016-8393 (Approx. 7 pages)
A collection of resources to assist claimants in understanding and effectively creating, perfecting, and enforcing statutory mechanics liens (also known as construction liens) to secure payment for improvements to privately owned real property in California. This Toolkit contains many guidance documents and standard forms for use at all stages of the mechanics lien process.
A mechanics lien (also known as a construction lien) protects a person's right to payment for providing authorized labor, services, equipment, or material for any work of improvement or site improvement performed on privately owned real property in California (Cal. Civ. Code §§ 8400-8404). Mechanics liens are constitutionally mandated in California and are governed under the California Mechanics Lien Law (Mechanics Lien Law) (Cal. Const. Art. XIV, § 3; Cal. Civ. Code §§ 8400-8494).
The Mechanics Lien Law is a comprehensive statutory scheme that sets out lien rights for work performed on privately owned real property in California. The creation, perfection, and enforcement of mechanics liens in California involves a multi-step process that requires strict compliance with all the statutory requirements of the Mechanics Lien Law. Failure to strictly follow the statutory requirements can result in a loss of lien rights.
The resources included in this Toolkit help counsel for claimants and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging mechanics liens.
- Comply with the deadlines for each step of the mechanics lien process.
- Draft, record, and serve effective lien documents.
- Understand available defenses to mechanics liens.