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How do you get a lien release following completion of project from Retail Property Owners?

Quesiton: I am a franchisee of a cookie store in CA that we just finished. I requested our TI from our Property Owner who is now requesting lien releases for construction done. Who do I go to for this? Would it be my General Contractor? My Subs (HVAC, ELECTRICAL, PLUMBING, FRAMING?)

1 reply

Aug 20, 2020

A request for lien waivers down-the-chain can be made to the GC, however GC's sometimes have limited visibility to the sub-tier parties with whom they did not contract. However, no party is allowed to file a valid and enforceable mechanics lien in California if they did not deliver a preliminary notice to the property owner (and GC). These preliminary notices can be used to determine the parties from whom lien waivers should be obtained. In some cases, the property owner or a tenant can request waivers directly from the sub-tier parties. It doesn't really make any difference who makes the request, it is a business decision of who wants to make the request and follow up for receipt. However, if the tenant didn't receive preliminary notices n the project, it may be difficult to determine all parties from whom waivers should be obtained. Once the waivers have been obtained from all parties on the project (or, at the least, those who provided preliminary notice and may have a valid lien claim) they can be bundled and provided to the property owner.

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