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I'm a third party buyer of a home. Can a subcontractor file lien against my property?

California

I'd purchase a house that is still under construction. Seller and their contractor certified that all sub was paid. work have stop on this project due to other issues and these services that was provided is more than 6 months. Now I have some subcontractor knocking on my door and said they were not paid by the seller and the General contractor and they are going to file lien against my property. Can they do that?

2 replies

Feb 12, 2022

The ability of the subcontractor to file a valid mechanics lien depends upon certain factors: did the subcontractor properly file a preliminary notice, did the subcontractor actually do any work, did the subcontractor sign and submit unconditional releases upon progress payments and/or final payment, has a certificate of occupancy been issued, has the owner or prime contractor filed a "notice of completion" with the County Recorder's office. Any subcontractor can file a lien on any property they worked on, but whether it's a valid lien and enforceable is another matter. Best to have a construction law attorney review your documents.

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Feb 15, 2022

Alien attaches to the property, if the lien has been properly recorded against the property it can be enforced against your rights in the property.

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