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what are the rights of owner who did not deal directly with contractor for mechanics lien filed without 20 Day Notice

California

Own an industrial building and tenant hired air conditioning contractor for installation of unit and ducting. Just learned the contractor, with whom we did not know and did not deal directly with filed a mechanics lien WITHOUT us ever being given a 20 Day Preliminary Notice. What do we need to do to get this wrongfully filed Mechanics Lien removed? What damages to us could result from this lien? What claims do we have against the contractor? What claims do we have against the company that filed the mechanics lien on behalf of the contractor but did not confirm that the 20 day notice had not been given to the owners? Thank you!

1 reply

Jul 29, 2022
The failure to serve an owner with a mechanics lien means that the mechanics lien is not enforceable in court. The lien claimant has 90 days in which to file a lawsuit on the mechanics lien. If no lawsuit is filed within 90 days, the lien is no longer any good. After 90 days, you have the ability to file a petition with the Court to remove the lien. A letter needs to be sent in advance to the lien claimant, requesting removal of the lien. Unless you are involved in selling or refinancing your property, it is unlikely that the mechanics lien will have much effect. Nevertheless, you should get it removed from your property. My law office can assist you with this.
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