California Attorneys Assist Clients with Mechanic's Liens
Skilled Real Estate Lawyers Represent Homeowners and Contractors in the San Francisco Bay Area in Construction Disputes
A mechanic's lien is a legal hold against real property by a contractor, subcontractor or material supplier contracted to provide labor, services or materials to that property. A mechanic’s lien protects those contributing to a work of improvement on residential or commercial building projects when owners fail to pay them for the labor, services or supplies they've provided. At GinnLaw, P.C., we represent contractors and suppliers in the San Francisco Bay 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 an experienced real estate litigator, we understand the state and local laws that govern these actions and will provide the diligent representation that protects your real property.
Experienced California Advocates Explain Mechanic's Lien Law
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 recording 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, we are uniquely qualified to represent you.
Dedicated Legal Advisers Seek Remedies for Clients
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 real properties, and help subcontractors and suppliers to file mechanic's liens directly onto real property when general contractors fail to pay them for their services.
We handle mechanic's lien disputes related to:
- Foreclosure on Mechanic's Liens
- Challenges to the Validity of Mechanic’s Liens
- Priority of Repayment
- Assisting in Establishing Administrative Procedures that Simplify Compliance with Filing and Service Requirements
We can also assist in pursuing Stop Payment Notice claims, claims against Performance or Payment Bonds, and Breach of Contract claims against the Owner or Contractor.
Regardless of how you have helped contribute to the improvement of real property, we will fight for your right to receive prompt payment of what is owed to you.. We also advocate for lenders concerning priority claims over mechanic’s lien holders in cases of foreclosure by challenging assumptions on timing of improvements to property.
Thorough Counselors Advise on Real Property Owners' Protections
Although mechanic's lien laws are designed to benefit contractors, there are protections built into the process for owners, lenders and sureties. Lien law requirements are specific and often have short deadlines. The failure to follow the rules exactly can invalidate the mechanic's lien. There are also limitations on the amount of time that mechanic’s lien filers have to act on the lien and to file a lawsuit to collect the money. If the time passes without action on the lien filer's part, Owners can demand that the contractor execute a release of lien, freeing your title. If the lien filer refuses to comply, Owners can file a Petition in court to have the lien removed, and can claim attorney’s fees.
Contact a California Mechanic's Lien Attorney for an Initial Consultation
GinnLaw, P.C. represents property owners and contractors in mechanic's lien filings. For skilled counsel, call us at 925-320-3685 or contact us online for a free thirty minute consultation at our Walnut Creek office.