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If we have multiple projects on one location, can i combine them to file one mechanic's lien?

CaliforniaMechanics Lien

I have filed prelims on the jobs and we are ready to file a mechanics lien. I would like to combine them so its all under one lien, however they were sent out to us as separate projects. Can you please advise me on how i should move forward? Thanks so much!

1 reply

Nov 3, 2017

In California, Civil Code § 8446 provides that:

"A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions:

(a) The works of improvement have or are reputed to have the same owner, or the work was contracted for by the same person for the works of improvement whether or not they have the same owner.

(b) The claimant in the claim of lien designates the amount due for each work of improvement. If the claimant contracted for a lump sum payment for work provided for the works of improvement and the contract does not segregate the amount due for each work of improvement separately, the claimant may estimate an equitable distribution of the amount due for each work of improvement based on the proportionate amount of work provided for each. If the claimant does not designate the amount due for each work of improvement, the lien is subordinate to other liens."

Accordingly, California allows a single mechanics lien be filed for multiple projects, as long as the properties have the same owner and that the claimant segregates its work (the best as possible, an estimation is allowed).

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