Overview
The Law Office of Howard L. Hibbard assists contractors, subcontractors and other persons/entities that provide labor or materials on real property with the preparation of and enforcement of Preliminary Notices and Mechanic’s Liens. Our office prepares notices and liens for contractors and subcontractors throughout Northern California and is knowledgeable in enforcement and foreclosure procedures. Please contact us with any questions about preparing, recording or enforcing a preliminary notice or mechanic’s lien.
General Information about Mechanic’s Liens
Mechanic’s Liens are governed by California state laws that seek to protect contractors. In California, a Mechanic’s Lien is a constitutional state right. Generally, a properly filed and foreclosed Mechanic’s Lien creates a security interest in the title to real Property itself for the benefit of the contractor that has provided labor or materials to improve the Property. The notice and filing requirements for a Mechanic’s Lien are strictly regulated by California law and it is important to consult an attorney prior to attempting to record or enforce a Mechanic’s Lien.
Preliminary Notices
A Preliminary Notice is a requisite first step to recording and enforcing a Mechanic’s Lien. Without a preliminary notice, a contractor/subcontractor who is not contracted directly with the property owner cannot record a Mechanic’s Lien against the property. The Preliminary Notice must be served on the property owner, the general contractor and any lenders of record (Civil Code §§3097 through 3098). This Notice informs the owner, contractor and lender of the subcontractor’s contact information, labor and materials provided, and estimated cost. Most importantly, the Preliminary Notice informs the owner that if the subcontractor is not paid, a Mechanic’s Lien against the property may be filed.
Mechanic’s Liens
Contractors and sub-contractors who are not paid for labor or materials provided at a job may file a Mechanic’s Lien against the real property where the labor and materials were provided, but only if they properly served the Preliminary Notice. The Lien is recorded at the Recorder’s office for the County where the property is located. The Lien encumbers the owner’s property interest as security pending payment for labor, services, or materials. If the lien amount is not paid, the unpaid contractor may foreclose on the property to ensure repayment.
Foreclosure of a mechanic’s lien is a legal action and must be filed within ninety (90) days of the recording of the Lien. If a foreclosure action is not filed, the Lien is null and void. For additional information about Mechanic’s Liens in California, you may visit the State of California Contractors State License Board – Understanding Mechanic’s Liens or contact us for a consultation.
Services We Provide
The Law Office of Howard L. Hibbard provides flexible solutions and customized solutions to our construction clients including but not limited to: (1) evaluation on a case-by-case basis of all available options; (2) preparation Notices and Liens, (3) preparation of specifically tailored court documents and contracts, (4) legal research as necessary, and (5) aggressive representation at all negotiations, hearings and/or trials, and (6) status letters / e-mails to clients.
The Law Office of Howard L. Hibbard has a longstanding history of assisting subcontractors and contractors recover payment for services and materials rendered. To arrange a free consultation with one of our attorneys to discuss Mechanic’s Liens please, contact us.