The California mechanics’ lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction-related debts. A contractor, subcontractor or materials supplier is allowed a lien on real property, based on the value they add to the property during the construction process.
Is the title to this article possibly true? Yes, absolutely! I have seen it happen. Let me tell you how it happens so you can avoid such a result.
Can I be required to mediate, arbitrate or litigate a california construction dispute in some other state?
It is not uncommon in the construction industry for an out-of-state general contractor to include a provision in a subcontract requiring a California subcontractor to resolve disputes outside the state of California even though the work is to be performed within California. Fortunately, most California subcontractors are immune from this tactic. California law generally prohibits clauses requiring subcontractors to travel outside California to resolve construction disputes.
Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien
Most in the construction industry are familiar with the rules of California mechanics’ liens. They know that the Preliminary Notice of Civil Code Section 8034 and 8200-8216 is often the foundational document and that the deadline to record a mechanics’ lien is generally triggered by events occurring at the end of construction, including completion of the work of improvement and the recording of the notice of completion or notice of cessation. Most of these rules are found in California Civil Code sections 8160-8494.
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