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can i file a mechanics lien on the dwelling to cover my fee which the policyholder is trying to make a lower payment on.

CaliforniaRight to Lien

as a public adjuster on an insurance fire claim. i have a contract that i receive 10% of the insurance proceeds on the claim which involves contents, dwelling and loss of use. can i file a mechanics lien to cover my fee for the fire damage claim. THE TOTAL REPAIR COST ON THE DWELLING IS APPROX $430K(10% WOULD BE $43K)

1 reply

Aug 6, 2020

Generally, adjusters won't be entitled to mechanics lien rights. Rather, lien rights are reserved for those who provide work which permanently improves the property. So, while serving as an adjuster does provide a valuable service, because that service, itself, doesn't improve the property in any way, mechanics lien rights are likely not on the table. With that being said, it doesn't mean that some other claim won't be available - like a breach of contract claim.

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