Preventing Mechanics' Liens

As a property owner, there is little if anything that can be done to "prevent" a mechanic's lien from being recorded against your property. This is because it is very easy to record a lien at the county recorder's office, and the county is not responsible for the accuracy, or even to question the authority under which the lien is recorded. Their job is to record the document and make it public record.

In the practical sense though, the best way of preventing mechanic's liens on your property is to be sure everyone in the construction process, from the contractors and subcontractors to the material suppliers, gets paid. There is a standard process of issuing releases for payments that prevent someone from recording a legitimate lien without your knowledge.

The subcontractors and suppliers, should supply the owner, any lenders and the general contractor with a 20 day preliminary notice before the work begins.

The California Constitution gives workers the right to a mechanic’s lien, but there are new laws that will take that right away if not followed.

What work is entitled to a mechanic's lien? - Generally, only labor and materials that are directly related to the work of improvement. There are some exceptions to this though. For informative articles on mechanic's liens:

"To Lien or Not to Lien - That is the Question" (PDF)

"Mechanics' liens' powerful, but not always efficient" (PDF)

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