Keating Law specializes in protecting homeowners from unwarranted mechanic’s liens and also advises contractors how to properly preserve their mechanic’s lien rights while performing construction services.
A homeowner can protect themselves from unwarranted liens by carefully selecting the contractor and responsibly managing the construction project.
Hire only a licensed contractor and check the status of their license at www.cslb.ca.gov.
Make sure the contractor hires only licensed subcontractors and get a list of all subcontractors, laborers and material suppliers to be used by the contractor.
Before you pay the contractor, make sure the contractor has paid the subcontractors and material suppliers. The use of joint checks payable to both the contractor and subcontractor is the simplest method of lien prevention.
Also, obtain lien releases from all possible lien claimants before making any payment.
Finally, make sure you are protected by a written contract before allowing a contractor to work on your home and have the contract reviewed by an attorney.