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Can a dumpster rental company file a mechanics lien?

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Aug 8, 2019

Whether or not a party is entitled to mechanics lien protection can be a difficult question. In California, "[a] person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right . . . (a) Direct contractor. (b) Subcontractor. (c) Material supplier. (d) Equipment lessor. (e) Laborer. (f) Design professional. This can further be broken down by looking at specific definitions. Work includes equipment, and work of improvement "includes, but is not limited to: (1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition to, a building."<br><br> The question then, would be whether a dumpster is "equipment" and whether the rental was pursuant to the the construction, alteration, repair, or demolition of a building. Since California mechanics lien law is generally interpreted broadly in terms of the parties to whom protection is granted, a rental company has a good argument for mechanics lien protection provided all other requirements have been complied with.<br><br> California has preliminary notice requirements, and strict (and fairly short) deadline requirements - all of which must be met in order to file a valid mechanics lien. You can learn more about the preliminary notice requirements here, and about the mechanics lien requirements themselves (including deadlines) here.

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Oct 3, 2022

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