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In the event that the contract is breached and payment is not received, an affidavit for mechanic's lien may be filed to place a lien on the project.

The affidavit of mechanic's lien must include (a) the amount due over and above all set-offs, (b) a description of the property subject to the lien, (c) the name and address of the person to whom the work was performed or the material provided, (d) the name and address of the owner, (e) the name and address of the lien claimant, and (f) the first and last dates that work was performed or supplies were provided. Form attached.

The lien must be filed with the county recorder's office where the project is located within 75 days of the date last worked on the project, unless the lien is for a residential dwelling (60 days) or a oil, gas, or injection well (120 days).

Practical pointers:

• The lien must be filed even if the owner did not file a Notice of Commencement.

When is the last day for a materialman or contractor? Practical pointers:

• A contractor's last day of work is when its job is complete. Therefore, punchlist work will qualify for extending the last day worked, whereas warranty work will not.
  
• For material suppliers the test is need. Was the material needed to complete the job? If so, lien may be filed within 75 days of delivery.

In order to perfect the mechanic’s lien, the lien must ne served pursuant to the statute.

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This site was last updated on November 02, 2006