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Mechanics
Liens (click for more info)
October 25, 2007
Ten
steps: How Can Local Contractors Keep From Getting “Burned”
by the San Diego Wildfires?
Do-it-Yourself: Do you
really need an attorney or can you use Small Claims
Court?The link below will take you directly to
the State of California Small Claims Court information
page. In many situations, the claim may be more economically
handled directly with the Small Claims Court system.
Review the information on the Small Claims website,
it is written and designed for private citizens without
attorney representation.
SMALL
CLAIMS COURT INFORMATION LINK
SMALL
CLAIMS COURT CONSTRUCTION CLAIM INFO SHEET (CSLB)Mechanics'
lien laws summarized (from
State of CA website)PDF
A
Homeowners guide to preventing Mechanics' Liens
(from State of CA website)
(from the above referenced publication)
What is a Mechanic's Lien? A
mechanic's lien is a "hold" against your property
that, if unpaid, allows a foreclosure action, forcing
the sale of your home. It is recorded with the County
Recorder's office by the unpaid contractor, subcontractor
or supplier. It means that any of these unpaid entities
can claim a lien against the property until they are
paid.
The prime contractor has a direct contractual agreement
with the homeowner. If the contractor isn't paid, he
can sue on the contract and record a mechanic's lien.
But subcontractors, workers and suppliers don't have
a contract with the homeowner. A problem occurs when
the homeowner pays the prime contractor for all or some
of the work, but the prime contractor fails to pay the
laborers, subcontractors and materials suppliers that
were hired to do portions of the job. If they are not
paid, often their only recourse is to file a mechanic's
lien on the home.
Jan. 6, 2004 Mechanic's Lien Law Reactivation of study
(PDF)State
of CA Law Revision Commission- Mechanics Lien Law (from
State of CA website) (Note: Long, complex, but if you
want to know everything about the history and proposed
changes of CA mechanics lien laws, this is a good source)
Links
State of
California Links:
Contractors
State Licensing Board
Contractor
License Status Check by license number
Contractor
License Status Check by Business Name
Contractor
License Status Check by Personnel Name
"What
You Should Know Before Hiring a Contractor"
(PDF) CSLB booklet covering aspects of every construction
project. Written for the homeowner, it offers a detailed
overview of all the necessary elements.
Abbreviated version in Spanish
Abbreviated version in Chinese
Abbreviated version in Korean
Abbreviated version in Tagalog
Abbreviated version in Vietnamese
"After
a Disaster, Don't Get Scammed" CSLB tips
on how to prevent consumer scams attempted by unlicensed
contractors.
California
Laws- Find California Codes.
California
Contractors License Law & Reference Book- On-Line
Read recent answers to construction law questions by
Pam Scholefield on:
Law Firms in other areas of practice
SLAPP law
Law Office of James
Moneer
Workers Compensation
Atcheson
& Kepler
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