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Can an officer of a construction company enforce a mechanic's lien?

CaliforniaConstruction AccountingConstruction ContractForeclosureLien DeadlinesLien ForeclosureLien ReleasesMechanics LienRight to Lien
Anonymous Contractor

Can the officer of a construction company enforce a mechanic's lien which was properly recorded in the county in which the property is situated if (1) the lien was recorded with the individual officer's name listed on the lien as the claimant, rather than the construction company itself which performed the work, and (2) the individual officer listed is NOT the RMO associated with the company's license, but they ARE listed as "personnel associated" with the company's license on CSLB's wesbite?

1 reply

Attorney at Carlton & Alberola
| 93 reviews
Nov 5, 2022
The claimant on the lien should be the licensed person or entity that contracted with the property owner. So, while this particular lien may be subject to a petition to expunge (I don't know for sure without knowing more), I suspect the lien can be amended/corrected. The smart move may be to wait until the claimant's lien rights expired and then attempt the petition to expunge but, and again, I can't say for sure without knowing more. You should talk to a construction lawyer. Good luck.
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