A mechanic’s lien is a legal hold against real property by a business contracted to work on that property. It protects contractors, carpenters, electricians and others hired to work on residential or commercial building projects when owners fail to pay them for the labor, services or supplies they’ve provided. At Tomassian, Throckmorton & Inouye LLP, we represent contractors and suppliers in the Irvine area and throughout California who seek payment for services rendered as well as homeowners who’ve had mechanic’s liens filed against their properties. As experienced real estate litigators, we understand the state and local laws that govern these actions and will provide the diligent representation that protects your property or business.
There is no uniform mechanic’s lien law that applies nationwide. Instead, the process of establishing or “perfecting” a mechanic’s lien is governed by state law. We understand the specifics of mechanic’s lien law in California, and our substantial knowledge of state specifics such as pre-lien notice requirements, mechanic’s lien filing deadlines and parties who need to be notified gives you an advantage. Whether you wish to file a mechanic’s lien or fight one in California, our attorneys are uniquely qualified to represent you.
When you’ve spent considerable time, money and effort on providing home or building improvements, you have a right to expect you’ll be paid what you’re owed, in a timely manner, according to the terms of your contract. We assist contractors in mechanic’s lien actions against properties, and we also help subcontractors and suppliers to file liens directly onto the property owned when general contractors fail to pay them for their services.
We handle mechanic’s lien disputes related to:
Regardless of the type of contract giving rise to the lien, our attorneys will fight for your rights to property or payment. We also advocate for banks as priority lenders over mechanic’s lien holders in cases of foreclosure by challenging assumptions on timing of improvements to property and the eligibility of a worker to file a mechanic’s lien.
Although mechanic’s lien laws are designed to benefit workers, there are protections built into the process for other lenders and owners. Lien law requirements are specific, and the failure to follow them exactly can invalidate the mechanic’s lien. There are also limitations on the amount of time that lien filers have to act on the lien and to file a lawsuit to collect the money. If the time elapses without action on the lien filer’s part, you can demand that they execute a release of lien, freeing your title. If the lien filer refuses to comply, you can file an action in court to have the lien removed.
Tomassian, Throckmorton & Inouye LLP represents property owners and contractors throughout California in mechanic’s lien filings. For skilled counsel, call us at 949-955-2280 or contact us online for a consultation at our Irvine office.