Home>Levelset Community>Legal Help>If our contract with our customer states that "California laws prevail" on a project, but the job site we are working on is not in California, which set of lien laws should I abide by?

If our contract with our customer states that "California laws prevail" on a project, but the job site we are working on is not in California, which set of lien laws should I abide by?

Our customer is a CA-based company but the job site is in Kansas. Should I follow the lien law and notice requirements for Kansas or California if the contract states that "California laws prevail"? Which type of preliminary notice do you recommend I send through zlien?

1 reply

Oct 27, 2017

The mechanics lien laws (and associated rules and requirements) applicable to a construction project are determined by the location of the project. While the choice of California law may be applicable to the interpretation of the contract itself - mechanics lien laws are statutory requirements and are dependent on the location of the property. This is because any eventual lien would encumber the property itself, and the state in which the property is located has an interest in determining and controlling that process.

In Kansas, notice is required for residential projects. On new residential projects, notice must be filed prior to filing lien. On pre-existing residential projects, notice must be given to owner prior to filing lien.

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