Is repair and maintenance work eligible for mechanics lien rights in California?
Specifically work on power lines?
1 reply
Dec 3, 2019
Maintenance work that must occur periodically will generally not give rise to mechanics lien rights because no permanent improvement is conferred on the property in such a situation. Though, repair work may give rise to lien rights if the repair provides some lasting improvement to the property. More on that here: Do Repair and Maintenance Companies Have Mechanics Lien Rights?
Regarding power lines - mechanics liens are available to those who have provided work which contributes to a work of improvement or a site improvement, under § 8400-8404 of the California Civil Code. Further, the Code defines a "site improvement" to include public utilities at § 8042(d), and "power" is included in the definition of "labor, service, equipment, or material" at § 8022. So, lien rights may well be available for utility work on power lines.
For more information on California mechanics liens, including information on who's entitled to file a lien: California Mechanics Lien Guide and FAQs.