Insurance & LiensQuestion 579 of 1632

A subcontractor prepares a mechanics' lien claim. Which of the following items is REQUIRED on the face of the lien?

a.The account number of the owner's mortgage on the property
b.The licence number of every subcontractor working on the job
c.A copy of the original written contract attached as an exhibit
d.A description of the site sufficient to identify it, verified

Explanation

§8416(a) lists what a claim of mechanics lien must contain, and every item is about the claim itself: a statement of the claimant's demand after deducting all just credits and offsets, the name of the owner or reputed owner if known, a general statement of the kind of work furnished, the name of the person who employed the claimant or to whom it furnished work, a description of the site sufficient for identification, the claimant's address, a completed proof of service affidavit, and the NOTICE OF MECHANICS LIEN in at least 10-point boldface type — the whole statement signed and verified by the claimant. Nothing in it calls for the owner's loan details, so (a) is invented; nothing calls for other subcontractors' licence numbers, which is (b); and the contract is evidence rather than a lien requirement, which is (c). §8410 is the separate condition that trips claimants up: a lien is enforceable only where the preliminary notice was given and proof of it made.

Law Reference: Civil Code §8416(a); §8410

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