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Can you file a mechanic

CaliforniaMechanics Lien

We completed termite work on a modular home and they are not paying. The property is on a concrete foundation but is in a community where the land is leased. Can we file a mechanic's lien?

1 reply

Jan 10, 2018
Generally speaking, mechanics lien rights arise out of a permanent improvement to property. In California, only those who provide authorized "work" for a "work of improvement" or a "site improvement" will have mechanics lien rights. Those words are defined by the California mechanics lien statute as follows: "work" refers to "labor, service, equipment, or material provided to a 'work of improvement." A work of improvement includes, but is not limited to, "(1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition to, a building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or road. (2) Seeding, sodding, or planting of real property for landscaping purposes. (3) Filling, leveling, or grading of real property. " Finally, "site improvement" means "(a) Demolition or removal of improvements, trees, or other vegetation. (b) Drilling test holes. (c) Grading, filling, or otherwise improving the real property or a street, highway, or sidewalk in front of or adjoining the real property. (d) Construction or installation of sewers or other public utilities. (e) Construction of areas, vaults, cellars, or rooms under sidewalks. (f) Any other work or improvements in preparation of the site for a work of improvement." Regarding filing a lien on a tenant improvement, such a lien will typically require that preliminary notice be given to the owner within 20 days of first providing materials or labor. We go more into depth on liens for California tenant improvements in this article: California Preliminary Notice Requirements When Work Is Commissioned By a Tenant.
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