Comments on: 5 Fast Facts About California Mechanic’s Liens

By: Scott Wolfe Jr

Scott Wolfe Jr — Mon, 08 Aug 2011 13:44:54 +0000

That’s correct.

By: free foreclosure information

free foreclosure information — Thu, 04 Aug 2011 06:25:22 +0000

Essentially, so long as a mechanic’s lien is issued against a property, the person must pay off the lien or else the contractor can file a lawsuit to enforce the lien. If the court finds in favor of the contractor, the person either must pay the lien or the court can order that the property be auctioned and sold in order to satisfy the debt.

By: Scott Wolfe Jr

Scott Wolfe Jr — Mon, 01 Aug 2011 13:41:02 +0000

Ralph, your comment touches on a question I get very frequently from folks in the industry. In fact, it's worthy of its own blog post here on the Construction Lien Blog. The problem is that many companies feel like they only need to monitor or move to protect lien rights when the debt becomes due - but this is absolutely not the case. In a large number of states (click here to see the map of preliminary notice requirements across the country) notices must be filed before any payment is due. The preliminary notice is due within 20 days after furnishing materials or labor. So in your hypothetical example, you would be required to deliver the preliminary notice right when you first deliver the materials or labor, and before any payment is ever due. Perhaps the reason for your confusion is that you are considering the "Preliminary 20-Day Notice" to be an adversarial step, or an action that is applying "pressure." Preliminary notices are not notices of intent to lien, however, and they are not designed to apply any pressure on any party to force payment. This is an other misconception. Many in the industry think that preliminary notices are going to scare their customers, hurt relationships, etc. - and this is far from the truth. I wrote an article last week titled: Preliminary Notices Will Not Scare Your Customer. The article is about this precisely. Preliminary notices are not adversarial instruments, and are nearly always sent when things are going perfectly on the project, and no one owes anyone anything. Another article that may help explain this is Filing A Lien Is A Discipline And Not A Knee Jerk Reaction.

By: Ralph Ferraren

Ralph Ferraren — Mon, 01 Aug 2011 01:48:27 +0000

I’ve read that one must serve a “Preliminary 20-day Notice” within 20 days from first furnishing labor or materials. However, many suppliers give 30 days to pay invoices and only begin to apply pressure after 60 days. Wouldn’t that be later than 20 days from “first” furnishing labor and materials?

By: Mechanics Lien – Is it like a Mortgage? Yes and No. | Construction Law Monitor

Sat, 03 Apr 2010 13:38:04 +0000

[...] In Louisiana, liens must be enforced within 1 year from filing. In Washington, lien foreclosure is due within 8 months of filing. In California, you must foreclose within just 90 days of filing! [...]

By: Anglebrandt

Anglebrandt — Thu, 03 Sep 2009 01:32:05 +0000

By: Mechanics Lien – Is it like a Mortgage? Yes and No. | Construction & Mechanics Lien Blog

Mon, 17 Aug 2009 07:14:16 +0000

By: sam pignato

sam pignato — Thu, 28 May 2009 22:59:36 +0000

I did a financial comparison requested to solve construction problems on 23 buildings for a condo association/ The board odf directors and magmnt. company are claiming it was free consulation!! I made it clear verbally , including hourly rate to board member that gave me a go ahead. The management company did also. Not in writing. They refuse to pay for a elabore analysis and solution for the 176 condos. I want to file lien. Do i file on board of directors home or ,management company.?? It is a condo association>>> a low cost one at that. bill 1645$ sam pignato