MECHANIC'S LIENS

A Mechanic's Lien is a document that is recorded at the County Recorder's Office. It provides a lien for the person who recorded that lien. In other words, it puts a "hold" on property until the person is paid. That person then has the right to foreclose on the property that has been liened.

Sometimes it is unfortunate that the homeowners are the ones who are responsible to pay the lien. The reason it can be unfortunate is because there are instances where the homeowner can pay the prime contractor in full for a job and the prime contractor does not pay the subcontractor in full. If the subcontractor places a lien on the property, the homeowner can ultimately be responsible.

However, Mechanic's Liens, Stop Notices and Bonds are documents that should not be taken lightly. For instance, material suppliers are not usually entitled to a lien since the materials have to be incorporated into the structure (installed) by them in order to have the lien rights. Mechanic's Liens have been discussed and litigated many times through California law. California law is very different than other state's laws and one should seek the aid and advice of a competent California construction attorney.

SUBSTANTIAL COMPLETION

What is completion? In this case, substantial evidence supported the trial court’s findings regarding project completion date. That is the time when everything is completed.

Completion in a construction case is very important. Actual completion means the project is complete. This does not mean that all monies have been paid. Only that the job is complete.

The trial court made a finding regarding the project completion date even though the homeowner took occupancy prior to that date because the owner did not yet have full use of the facilities at the time. That is to say that the owner was not able to use the entire project at that time and therefore the project was not complete.