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Question: What is “mechanics lien law,” what is it based on and where is it found? Answer: Mechanics lien law is intended to protect those unpaid for improvements to real property against the owner’s unjust enrichment and consists of a series of statutes that provide remedies with regard to payment for improvements to real property. These remedies include lien rights, a right to attach construction funds, a bond remedy and remedies relating to prompt payment. In California, the mechanics lien is a constitutional right, but the statutory right existed even before the constitutional right. Most recently, it was contained in
With the New Year comes a host of changes to laws impacting the construction industry in California. Addressed below are some of the most important new laws to be aware of. Unless otherwise noted, all of these laws take effect on Jan. 1, 2012: Changes to Mechanics Lien LawsSB 189 (Passed in 2010) & SB 190 (Passed in 2011). SB 189 and SB 190 were passed as part of an effort to modernize and simplify California’s mechanics lien laws spearheaded by the California Law Revision Commission. The majority of the changes brought by SB 189 and 190 are minor and are intended to