a client ordered a custom-made kitchen and now won't pay for it. He didn't pay for the kitchen and it hasn't been delivered to him. Are we allowed to file a mechanical lien and do we need a 20-day notice?
1 reply
Dec 9, 2021
The California Civil Code section 8400 says that “A person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right under this chapter: (a) Direct contractor. (b) Subcontractor. (c) Material supplier. (d) Equipment lessor. (e) Laborer. (f) Design professional.” Section 8402 of the Civil Code says “A person that provides work authorized for a site improvement has a lien right under this chapter.” And section 8404 of the Civil Code says “Work is authorized for a work of improvement or for a site improvement in any of the following circumstances: (a) It is provided at the request of or agreed to by the owner. (b) It is provided or authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of all or part of the work of improvement or site improvement.” So, though I don’t know all the details of your agreement with the owner, I would say you do have lien rights. As for a preliminary 20 notice, no, if your contract is directly with the owner, so long as there not a lender on the project, a prelim is not necessary. Good luck.