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Can I file a mechanics lien

California

I am a material supplier and I am supplying material to a subcontractor that is working for a tenant in a building. I did a preliminary notice and the owner is stating they are not responsible for any work done on their premises as it is being rented out. Can I still file a lien against the property if we don't get paid for material we are furnishing on their property when it is being rented?

2 replies

Nov 23, 2022
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Nov 23, 2022
There are ways for an owner to try to limit their liability for a tenant’s work but they are often unsuccessful. The owner must record a document called a Notice of Non-Responsibility before the work starts AND post it in a conspicuous place at the job site so that it can readily be seen by construction workers. Owners rarely do this correctly. If they didn’t, you may have lien rights against the owner. However, you need to have sent your preliminary notice to the tenant AND the owner and the GC. Otherwise, you may only have rights against the tenant’s interest in the lease. I’m happy to answer any questions you have about this.
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