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Can we file a mechanics lien claim against a church in California?

This is a Church , can we lien this property?

1 reply

Feb 20, 2020

The short answer here is probably "yes." Mechanics liens function to protect construction participants from nonpayment when they furnish labor or materials to a private work of improvement. The key, there, is that the improvement must be on privately-owned property. Because public property cannot be encumbered by a lien (and potentially sold through a foreclosure action) the remedy to protect against nonpayment on public projects is generally in the form of a bond claim. Since churches are, for the most part, private property, they are subject to mechanics lien claims. There would be potential exceptions for chapels on military bases or within service academies, or the national cathedral, etc. However, just because churches are properties that can generally be liened, whether or not an enforceable lien can be filed depends on whether the appropriate notice requirements, and lien deadlines and requirements were met. You can make the process easy by taking care of it electronically, here.

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