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Lien rights when no contract and no countersigned estimate

California

Our lien date is due on a project where we are the subcontractor. The GC did not countersign our estimate/proposal but he received it with the amount and the same amount was also included in the preliminary notice. The GC now wants to pay us $15,000 less so our question now is, do we still have lien rights for the amount owed?

3 replies

Mar 3, 2021
If you provided labor, materials and/or equipment to a construction project, you are entitled to record a mechanic's lien. Although it is always better to have a signed subcontract, the General Contractor is still obliged to pay you. I suggest you consult with a lawyer familiar with construction law to assist you.
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Mar 3, 2021

I agree with David. California's mechanics lien statute doesn't require a written contract in order for mechanics lien rights to be available. Further, CA Civil Code § 8430(a) specifically states that lien rights will be for the lesser of: 

(1) The reasonable value of the work provided by the claimant.
(2) The price agreed to by the claimant and the person that contracted for the work.

So, even when there's no price that's been agreed upon, the (reasonable) value of the work will generally still be lienable.

For more information on filing CA lien claims, this article should help: How to File A Mechanics Lien in California – Step By Step Guide To Get You Paid.

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Mar 4, 2021
Yes
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