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If contractor didn't give notice of mechanics lien in the contract (in CA), can he still file one or would it be invalid

CaliforniaMechanics Lien

I'm a home owner and the contractor filed a false mechanic's lien on my property in California after abandoning the job without legal excuse according to the California Contractor's License Board who issued a citation to him saying he has to pay me money that exceeds the amount of the lien plus $5,000. in civil penalties. Among other contract violations, he never gave notice of a mechanics lien. I wonder if this makes his lien invalid and if the lien could be removed based on this in a motion to expunge. I also wonder if since he also included my parents in the lien and lawsuit because they're on the title of the house, even though they were not on the contract, did he need to serve them a preliminary notice (which he did not). If so, does that invalidate the entire lien or does it just remove them from the lien but not me?

2 replies

Jan 28, 2021

Just to clarify, the contractor never gave the required notice about liens in our initial contract. He wasn't required to give notice to me via a preliminary notice before filing the lien according to CA law since I am the home owner on a contract with him , but he was required to give notice about liens in his contract. So I therefore wonder if since he didn't do this, if that invalidates the lien?

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Jan 29, 2021

If your general contractor followed the Home Improvement Contract requirements that was in effect since 2012, his contract with you would have language re liens and information about your rights. Violation of the HIC, depending on how severe, would be an administrative offense between contractor and Contractor's Board. It remains to be seen if the civil court system would ever invalidate a contractor's mech lien right, which is a California Constitution protected right for laborers would allow for that. Minor failures to include necessary language in the HIC often result in slap-on-the-wrist type penalties for first time offenders. This would be an issue worth exploring with a qualified attorney. However, there are better options for homeowners than to attack the contract on that basis.

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