Construction Lien Laws
A mechanic’s lien is a hold against property by an unpaid contractor, subcontractor, or supplier. California and San Diego construction lien laws provide for mechanic’s liens to unpaid construction industry professionals so they can be paid for work performed. The Andrews Law Group has helped clients file liens against non-paying customers for many years. Mr. Andrews, construction lawyer in San Diego, is a formerly licensed contractor and understands the proper procedure for filing mechanic’s liens.
San Diego construction lien laws governed by the State of California
California state laws contain very specific conditions for filing a construction lien. Using a mechanic's lien against a customer's property for non-payment can be an effective way to enforce contractual rights on a public or private construction project.
However, many contractors do not understand all the steps that must be taken to file a proper lien. Mr. Andrews guides contractors and other construction professionals through the necessary requirements. Our goal is to ensure your lien results in payment for your work on a project.
Construction lien waiver in San Diego
A third party vendor (contractor, materials supplier, etc.) provides the construction manager with a San Diego construction lien waiver which indicates receipt of payment and waives rights to a lien. San Diego construction lien releases or waivers protect the general contractor and the project owner from having to pay twice for materials, labor, and other costs. Four types of construction lien waivers in San Diego are used pursuant to Civil Code Section 3267:
- Conditional Waiver and Release Upon Progress Payment – This waiver and release is for a progress payment (not final payment) and is effective only if you are actually paid.
- Unconditional Waiver and Release Upon Progress Payment – This waiver and release affirms you were paid for the work included in the progress payment invoice.
- Conditional Waiver and Release Upon Final Payment – This waiver and release is in exchange for final payment and is only binding if you have been paid.
- Unconditional Waiver and Release Upon Final Payment – This waiver and release affirms you have been paid. California construction lien laws
While mechanic’s liens are effective tools in obtaining payment, such liens can be removed if rules are not followed correctly. As a San Diego construction attorney, Mr. Andrews can help ensure you follow the proper lien process so you get paid. Additionally, liens are not the only remedy you can pursue for non-payment, and our office can advise about other available options.
For more information regarding San Diego construction lien laws, waivers, and releases, contact The Andrews Law Group online or call toll free at 619-294-4529 today to schedule a consultation.