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No Preliminary Notice Yet a Mechanics Lien was Issued

CaliforniaMechanics Lien

Hi, I had a contractor who lost a bid on a project with us, file a mechanics lien without a contract and preliminary notice. In addition, the services "rendered" were never asked for nor performed. He also charged us for the bid process itself. What is the process to get this lien removed? Thanks!

1 reply

Aug 29, 2019
Good morning! You don't hear this type of scenario often! Well, I think the first step is to have a construction lawyer send a letter to the contractor (and perhaps its license bond surety) to see if that will do the trick. It should be fairly straightforward. If the contractor still refuses to release the lien, then you can go forward with a legal action to have the lien removed. There are two common legal avenues for an owner to do so given your scenario: (1) a Petition to Remove the Lien under Code of Civil Procedure sections 765.010 - 765.060; and (2) a "Lambert Motion." Your construction lawyer can guide you down the proper route. ---CN
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