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do temporary fencing companies have lien rights?

2 years ago

we are the GC on a job and the lender is requesting lien releases from everyone, and its proving difficult for the temp fencing/toilet rental company. So we are trying to figure out if the company even has lien rights. We are in CA. and from what i have read, they need to provide improvement to have rights, which seems like this doesn’t provide improvement, yet it could be considered a rental…???
Thanks for your advisement.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Senior Legal Associate Levelset
401 reviews

That’s a great question. First, it’s worth noting that I won’t be able to provide any advice here, but clarifying information on mechanics lien rights should help here. As a general matter, in order for lien rights to arise, there must typically be a permanent improvement to the property. That is, the property must be improved by some work that results in a lasting effect to the project property, and this typically requires some form of “permanent” attachment. Items that are intended to be placed on a project property and removed from the property – that are intentionally temporary – typically do not give rise to lien rights. Of course, that does not mean that higher tiered parties won’t demand lien waivers from parties who provide temporary improvements – having a lien waiver in hand is the best way to be sure any later-filed lien claim is resolved quickly. Considering county recorders offices typically have neither the bandwidth nor the authority to investigate each lien claim filed, it’s entirely possible that a claimant who does not actually have the right to lien could file a lien claim on the project (even if that lien is ultimately invalid and unenforceable). Unfortunately, that prospect can lead to higher-tiered parties demanding lien waivers from everyone on the job.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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