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what s condition for apply a lien on pravite property?

i am a home owner, my property was not in living condition,alredy boarded up therw for many years, resently i recieved a bull from a emergency construction, they showed me theri proof of material and labor in my property, they explained to me they got information from local fire department which got fire reported on this property. i declined to pay them. and i suggest go to small claim to solve this problem. but they inform me of applying a lien om my property. no any contract or aggreetment betweem us,and no any call to me from fire department on about fire affair. my question is that the emergency construction company is eligible to place a lien on my property?

1 reply

Mar 2, 2020

The California mechanics lien statute doesn't seem to contemplate a situation where emergency repair work was needed. So, there isn't really any guidance on whether or not unauthorized emergency repair work could give rise to mechanics lien rights. Generally, in order for mechanics lien rights to arise, the improvement must be authorized by the property owner. So, on one hand, lien rights might not be available since there was no owner authorization for the work. But, on the other hand, the state wouldn't want to dissuade contractors from accepting emergency repair work that'd be needed to keep a structure safe - so, I wouldn't be shocked if the owner could be forced to make payment, potentially by mechanics lien. Ultimately, considering the unique nature of the dispute, getting some clarity on the issue might require consulting with a California construction attorney. They'd be able to take a deeper dive into the issue as well as the state's laws on emergency repairs and payment for that work.

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