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Can we file a lien even if we do not ship directly to the job site

California

In CA, do the materials used in a job have to be shipped directly to the job or can they be shipped off site and stage to the job site?

5 replies

Feb 3, 2021
The materials need to be used in the work of improvement on the site. The materials do not have to be delivered to the site, although you are going to have to figure out how you can prove that your materials were actually used at the particular site. If you have unique identifiers to your product, that can help. You may want to go out to the job site and take pictures of your product on the project site.
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Feb 3, 2021

Materials are presumed to be incorporated into the project when you can demonstrate delivery to the project through invoices and delivery receipts. This presumption can be rebutted by an owner/direct contractor. While it is always better to direct ship to a jobsite for this reason, as long as you can eventually prove your materials were incorporated into the project, that is the key. 

Levelset wrote a general blog post about this topic that can be found here: https://www.levelset.com/blog/material-suppliers-proving-incorporation-when-filing-a-mechanics-lien/

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Feb 3, 2021
Thank you
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Feb 3, 2021
Mr. Ng - do you have a case or statute cite to support your claim of an evidentiary presumption?
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Feb 3, 2021

Hello David! I'd have to go back to my Century City office to find the actual applicable California Law Revision Commissions comments to Civil Code 8026 and other statutes amended back in 2012, but I believe Marsh's California Mechanics Lien Law and Construction Industry Practice treatise discusses the reversal of then-existing case law whiuch had held proof of actual delivery insufficient like in the CED v. Kirkham et al. case from 1971. If you have the Marsh treatise handy, it is discussed in Chapter 4 under a subheading "Proof of Delivery and Use."  

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