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Can a worker file a lien on a property? Does he include late fee fines?

CaliforniaMechanics LienRight to Lien

I have not been paid on a construction project. I am an employee. I am filing a Claim with the EDD. Do I include the full amount of claim with EDD or just amount owed with out fines? This is California.

1 reply

May 9, 2019
These are good questions, and I hate to hear that you've been going unpaid. First, in California, employees are entitled to file a mechanics lien as "laborers" (under sections 8024 and 8400 of the California Civil Code). Of course - keep in mind that general mechanics lien rules will apply, so in order for lien rights to arise, the project property must be permanently improved by the work provided to the property. Regarding lien amounts, a California mechanics lien is limited to the lesser of the following two amounts (minus payments already received): (1) the price agreed to, and (2) the value of the work provided. Including anything else - like late fees, interest, or other penalties - could end up ruining an otherwise valid lien claim. If you have any other questions about California mechanics liens, feel free to come back to the Construction Legal Center or try these resources: (1) California Lien & Notice Overview; and (2) How to File a California Mechanics Lien.

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