Mechanic's Lien Update: Lien Claimants Must Now Give Owners "Notice of Mechanic's Lien"

California contractors and material suppliers beware. Beginning on January 1, 2011, a mechanic’s lien claimant will be required to give notice of a mechanic’s lien to the property owner. The notice must contain specific information, be included on the lien claim and be accompanied by a proof of service affidavit. Failure to comply invalidates the lien as a matter of law. (Assembly Bill 457 (2009), amending California Civil Code Section 3084.)

Even though a mechanic’s lien is recorded, claimants were not previously required to give actual notice of such lien to the property owner. Beginning in 2011, the mechanic’s lien document ("Claim of Lien") must include not only the amount claimed, a description of labor and materials furnished, the name of the person who employed the lien claimant, and a description of the property, but also a “Notice of Mechanic’s Lien” and "Proof of Service Affidavit."

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Published In: Civil Procedure Updates, Construction Updates, Commercial Real Estate Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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