Insurance & LiensQuestion 1466 of 1632

An unpaid framing subcontractor furnished labor and materials to a private remodel. Who is entitled to record a mechanics lien?

a.Only a supplier that delivered material to the owner
b.Any creditor of the contractor, whoever they are
c.Only the direct contractor who signed with the owner
d.Anyone who provided authorized work to the improvement

Explanation

Civil Code §8400 gives a lien right to a person that provides work authorized for a work of improvement, and lists the direct contractor, subcontractor, material supplier, equipment lessor, laborer, and design professional; §8404 defines authorized work as work requested or agreed to by the owner, or authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of part of the work. The framing subcontractor is squarely inside that. (b) is the limit that matters: a creditor who contributed nothing to the improvement, such as the contractor's landlord or lender, has no lien. (a) and (c) shrink the class to a single tier, which would leave every subcontractor and supplier without the remedy the chapter was written for.

Law Reference: Civ. Code §8400 / §8404

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