Performed a roof job for a person I know without a signed contract but I have all the text messages approving the work and pictures during process can I use that to put a lien against his property?
1 reply
Jul 16, 2018
That's a really good question, and it's one we get all the time. First, I'll note that utilizing a written contract is always the safest way to operate, and even very simple, plain language contracts can provide a lot of protection. But anyway, California does not specifically require a written contract in order to file a mechanics lien. Rather, under the California lien laws, a "contract" is defined as "an agreement that provides for all or part of a work or improvement.” A lien based on a written contract will usually be easier to enforce (if it comes down to that - but Most Mechanic Liens Get Paid Without Foreclosure Suits), but if an agreement is in place to perform construction work, lien rights will likely arise. It's important to note, though, that there may be some licensing requirements related to written contracts - particularly when the work is performed on residential property.