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Can an equiment rental company file a lien without a preliminary lien notice?

CaliforniaMechanics Lien

I just paid the framing contractor in full for our new house in California, and had him sign a lien release. Now he is sending me an invoice from his friend who apparently rented a fork lift to the framing contractor for use on our project for 3 months, claiming that I verbally agreed to pay for it. That conversation never occurred. Now the fork lift owner (a construction company) is threatening to lien our property if I do not pay half of what they invoiced the framing contractor. They didn't send me a preliminary lien notice --- which would have alerted me to the fact that they were expecting payment from someone. I knew that the fork lift was owned by a friend of the framer, and thought that it must have been loaned to him or some type of arrangement that didn't involve me. I'm a 73 year old former builder and this feels somewhat as though they are trying to take advantage of me. I have told them both that I am not paying. Does the fork lift owner have the right to lien? We don't have a loan on the property and do not intend to ever sell it. Thank you.

1 reply

Apr 3, 2020
The equipment rental guy has no lien right if he didn’t timely serve you with a proper Preliminary Notice. He can only go after the person he rented the equipment to. A strong letter from an attorney can help you with this if the guy doesn’t back off.
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