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For tenant improvement of retail Do both need to sign the construction contract? I'm in California.

CaliforniaRight to Lien
Anonymous General Contractor

hello. I need some help on retail tenant improvements. Is it customary to send prelien notices to both the landlord and the tenant? Do both need to sign the construction contract? I'm in California. The lease allows for tenant improvements but only is paying half of the improvement bill. Can we still protect our lien rights with the property even if the landlord refuses to sign the construction contract?

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Attorney at GinnLaw, P.C.
| 86 reviews
Mar 11, 2021
Where the tenant is required by the lease to make the improvements, the tenant is treated as the agent for the landlord for mechanic's lien purposes. This is true, even if the landlord posts a Notice of Nonresponsibility. You should send your preliminary notices to both the tenant and the landlord, as well as any construction lender.
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Anonymous General Contractor
Question Author
Mar 11, 2021

Is it necessary for the owner to sign the construction agreement? By your assessment, the answer would be "no." Is that correct?

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Attorney at GinnLaw, P.C.
| 86 reviews
Mar 11, 2021
Correct.
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