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2 weeks ago

Good morning, I’m not sure if I can ask this question here. If not, can you let me know who I can ask this to? We’re a scaffolding company in California and we’re trying to see if we can file mechanic’s lien but the property owner’s attorney is saying that we can’t file lien due to the following situation: our subcontractor work was done on a cell tower (not a real property) for a GC who was hired by AT&T who is a lessee/tenant for a property owner. Property owner is saying that we can’t file lien against their property as we didn’t perform work “at the request of the owner or the owner’s agent for constructing a work of improvement on real property.” Please let me know if we can still file lien to pursuit payment or not. Thank you.

Additional info about this contractor
Project Role: Subcontractor
Project Type: Commercial
Attorney Carlton & Alberola
12 reviews

If you are a subcontractor or sub-subcontractor, gave 20-day preliminary notice to the owner with respect to a work of improvement, the property is private property, and the owner of the property did not post a notice of non responsibility with respect to the work, yes, you can lien the property. You must record your lien within thirty days from recordation of the Notice of Completion, or 90 after completion if no NOC was recorded. Finally, of course the owner’s attorney is telling you that you have no lien rights.

Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.

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