Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement

Two businessmen across from table with contracts

Our California Constitution, article XIV, Sec. 3 specifically elevates the right to a mechanics lien to “Constitutional right.”

December 21, 2020
William L. Porter - Porter Law Group

If you are a member of the California construction industry you might know that the right of a contractor, subcontractor or supplier to record a mechanics lien to protect the right to payment is well protected by state law. In fact, our California Constitution, article XIV, Sec. 3 specifically elevates the right to a mechanics lien to “Constitutional right”. The right to a mechanics lien is further protected by a statutory framework, including Civil Code sec. 8122 which states:

“An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article.”

Mr. Porter may be contacted at bporter@porterlaw.com



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