When a contractor or another construction professional files a mechanic’s lien on your property, it will prevent you from selling the property. This means it is important to address the matter and get the lien removed as soon as possible, and you should do so with the help of a California construction litigation attorney.
Is the Lien Valid?
California has complex rules and requirements for filing a mechanic’s lien, and many parties do not follow these guidelines or meet the deadlines. Your attorney can assess whether the lien is defective, and if so, can follow procedures to petition that the court remove the lien under Civil Code Section 8480 in California. This is something you always want a legal professional to assess and handle.
Negotiations with the Contractor
If there is a dispute over the alleged non-payment, you will want to have an attorney negotiate with the contractor that placed the lien. You will need to collect evidence of all communications, invoices, witnesses to unfinished or inadequate work, and more.
You might need to attend mediation sessions with the contractor to resolve the matter. A neutral mediator can review all the information, listen to each side’s arguments, and try to facilitate cooperation between the parties. If you reach a resolution, it should include the requirement that the contractor remove the lien from your property. If a lien is satisfied and not removed properly, your lawyer can address the matter.
Speak with a California Construction Litigation Lawyer
One thing that property owners should never do is simply ignore a lien on their property. If you have a mechanic’s lien, always address the matter well before you believe you will want to sell the property. Speak to the Law Offices of Alan J. Carnegie, APC, about your options regarding your mechanic’s lien. Contact us for a consultation today.
