Anaheim Mechanics’ Liens Lawyer

Anaheim Mechanics’ Liens Attorney

Payment disputes on construction projects can be complicated. In many cases, a mechanics’ lien is the strongest tool you have to help get what you are owed. An Anaheim mechanics’ liens lawyer at Engels-Janzen can guide contractors, subcontractors, and suppliers on how to preserve their right to payment under California law.

From notices to filings to enforcement actions, our Orange County firm works with clients in Anaheim and throughout the county to make sure their claims meet all deadlines. Whether the project is a private development or public improvement, we are focused on results that keep your work and finances protected.

Hire a Mechanics Liens Lawyer

Engels-Janzen has a long history of successfully representing the construction industry on payment disputes all across Anaheim and Orange County. We have skilled attorneys who have knowledge of the mechanics’ lien process from start to finish. This includes the preparation of preliminary notices, all the way through to litigating liens in Orange County Superior Court.

We have experience representing contractors, subcontractors, and suppliers on a variety of projects from commercial construction to residential remodeling.

The construction industry is extremely competitive in California. The Contractors State License Board (CSLB) has more than 285,000 licensed contractors in 45 different classifications. Our clients know they can count on us to be accurate and responsive, and we have a deep working knowledge of the California Civil Code. We understand that our work represents not only our clients’ right to be paid, but also their professional reputations.

Understanding How Mechanics’ Liens Work in California

The mechanics’ lien gives contractors, subcontractors, and suppliers legal authority to claim payment by placing a lien on the property they worked on or supplied materials for. This creates a strong incentive for property owners to resolve unpaid balances, and once recorded, a mechanics’ lien often is the first step in an adjudication process before a court.

In Anaheim, mechanics’ liens are often the result of residential development projects near Katella Avenue or commercial renovations in and around the Anaheim Resort District. Liens give those who build California’s construction projects a way to help ensure that they are paid for their work.

California’s Legal Requirements for Filing a Mechanics’ Lien

California Civil Code §§ 8000–9566 governs the requirements for perfecting and enforcing mechanics’ liens in California. These laws impose strict time frames for providing a preliminary notice of lien, for recording the lien, and for commencing a lawsuit to foreclose on the lien.

These actions must be performed within the time prescribed by the statutes, and substantial compliance is not sufficient. In addition, certain other mistakes, like inaccurate property descriptions, incorrect contract amounts, and wrong service dates, can invalidate a lien claim.

The only way to perfect lien rights in California is to strictly follow each of the procedural requirements stated in the statutes.

Common Mistakes That Invalidate Mechanics’ Liens

Failure to serve a 20-day preliminary notice or misidentifying the correct owner are among the most common errors leading to lien claim failures. Others include filing the lien with the wrong amount, recording it late, or failing to notify the property owner of the recorded lien.

Any of these mistakes can cost a claimant the legal advantage of a mechanics’ lien. It is important for contractors and suppliers to understand these steps in detail, particularly for projects recorded in Orange County. Familiarity with these procedures will allow contractors to maintain their payment entitlements during the completion of a project.

Enforcing or Releasing a Mechanics’ Lien in Anaheim

In Orange County, a mechanics’ lien claimant has 90 days after recording the lien to file a claim in Superior Court to enforce the lien. After getting paid, a claimant is required to record a release of lien. It will clear the title to the property.

For public works construction, the procedure is set out in the Public Contract Code, and the predominant method to get paid is by filing a stop notice claim in lieu of a mechanics’ lien.

Claimants must strictly comply with the requirements for both enforcing and releasing liens in California. This will ensure contractors and property owners both adhere to the law and remain in good standing on future jobs.

FAQs

Who Can File a Mechanics’ Lien in California?

Contractors, subcontractors, material suppliers, equipment lessors, and laborers who provide work or materials to a project may file a mechanics’ lien. California Civil Code §§ 8400–8404 specifies the rights of these parties.

In Anaheim, where the construction industry is constantly on the move and subcontracting is commonly layered and complex, filing the proper paperwork helps to protect your right to payment in the event of a dispute. Late notices or missed documentation requirements forfeit that right entirely.

How Long Do I Have to File a Mechanics’ Lien in Anaheim?

Per § 8412, a claimant has 90 days from the completion of work to file. If the property owner files a Notice of Completion or Cessation, then the time frame is 60 days for a general contractor and 30 days for a subcontractor or supplier.

As Anaheim’s large-scale construction projects, in particular, those around The Platinum Triangle, are often under tight timeframes for completion tracking, ensuring that the lien is filed within this time period is critical.

Can a Mechanics’ Lien Be Removed or Released?

Yes, a mechanics’ lien may be released. The claimant must record a lien release at the Orange County Recorder’s Office after receiving payment or entering into a dispute resolution agreement with the property owner. A failure to release the lien results in penalties and possible slander of title claims. In some cases, property owners may petition the court to remove liens that are invalid or have expired. Prompt lien releases can protect one’s reputation and property title.

What if the Project Is a Public Works Job?

Public projects are not lienable, meaning one cannot lien government property. Instead, parties who want to secure payment on public work jobs may file stop payment notices and bond claims per California Civil Code §§ 9350–9510 and Public Contract Code §§ 10240–10262. These remedies are similar in purpose to mechanics’ liens, except that the security is in the project’s bond or other public fund rather than the property title.

Contact an Anaheim Mechanics Liens Lawyer

Engels-Janzen’s Anaheim mechanics’ liens lawyers work with clients in Anaheim and throughout Orange County to help prepare, record, and enforce liens that meet California’s exacting legal standards.

If you need to secure payment on a construction project or release a previously recorded lien, hire a mechanics’ liens lawyer from Engels-Janzen to make sure your rights and your professional reputation are protected.