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Did not take delivery but threatened with lien

Hello, Hope everyone is staying healthy and safe. A concrete supplier delivered concrete at the end of my contractors day as everyone was going home. They were 5 hours late. The ready mix concrete company is threatening to file a lean against my property but we did not take delivery. What should I do in this case?

1 reply

Aug 13, 2020

Generally, for a CA supplier to have lien rights, they must show the materials were actually incorporated into the project. And, where it's clear the materials haven't been incorporated (like when delivery was refused) a lien filing would very likely be invalid and unenforceable. Levelset discusses that principle here: Material Suppliers: Proving Incorporation When Filing A Mechanics Lien. It's also worth noting that your contractor will be required to defend you from their subs' and suppliers' lien claims, if they make it to court. That's established at California Civil Code § 8470. So, you might be able to put pressure on your contractor to smooth things over with the supplier and ensure a lien doesn't get filed (even if that lien would ultimately be improper). Additionally, this article should be useful: I Just Received a Mechanics Lien Threat – What Should I Do Now?

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