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Enforcing a Mechanics Lien

California

I have filed the lien and have been told that I need to enforce it. File something called a "breach of contract"?

3 replies

Jan 16, 2023

Liens and breach of contract are two different things, but they often run together. A lien is against the property owner. So if you have a properly filed lien, you'll need to file a lawsuit to "foreclose" that lien with 90 days of the recording. But, you may also have a breach of contract claim against whatever party hired you (e.g., a general contractor). In practice, if you file a lawsuit you would file both claims together.

A construction attorney can help you with this and get through your options with you. 

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Jan 18, 2023

Yes, in order to protect your lien, you must file a lawsuit in court against the property owner (and anyone else who owes you the money). You must file the suit within 90 days of your lien filing or else you lose your lien. You should talk to a lawyer in the county where you live or nearby.

Good luck!

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Jan 18, 2023

You must file a lawsuit to foreclose your lien within 90 days of the lien recording date or your lien will expire. When you file the lawsuit, the attorney will also add additional causes of action for breach of contract and other relevant causes of action, along with the lien foreclosure cause of action. I’m happy to answer any questions you have about this.

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