I'm a homeowner, and a Contractor filed a mechanics lien on my property following a dispute over fees owed at the end of the project. Does interest accrue on the lien if the contractor files suit on the lien and there is a future trial date set? IE, is the juice running throughout the entire legal proceeding or does interest stop accruing while the court date, et al are pending?
Entitlement to pre-judgment interest is not a given. It must be asked for in the prayer of the complaint, and there must be a clear number upon which the interest is based. Look at Civil Code section 3287. Usually easier to prove on debt collection cases, where in the contract interest rates are agreed upon. Questions to ask are if interest was agreed upon in the contract, asked for in the prayer of the complaint, and if the Contractor provided a "Bill of Particulars" pursuant to Code of Civil Procedure section 454 at the beginning of the lawsuit. If accounting asked for by defendant in writing and not responded to by the contractor, then the contractor may have waived their right to a Quantum Meriut claim (time and materials basis of recovery), and arguably waived a claim to pre-judgment interest. Best to have a construction law attorney review the documents.