What kinds of work qualify for mechanics lien rights?

3 weeks ago

Is repair and maintenance work eligible for mechanics lien rights in California?
Specifically work on power lines?

Senior Legal Associate Levelset

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.

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