Insurance & LiensQuestion 1529 of 1632

A contractor who records a mechanics lien for an amount it knows is willfully overstated risks:

a.Nothing, because the court simply reduces the lien to the correct sum
b.A recording fee penalty only, with the lien enforceable as corrected
c.Losing the entire lien and being liable to the owner for damages
d.Having the lien reduced and the excess added to the payment bond claim

Explanation

Civil Code §8422 makes a claim of lien void to the extent it includes work not provided or is willfully overstated, and the claimant can lose the lien altogether and face liability for the owner's resulting damages. (a) is the widespread and costly assumption that padding is free because a judge will simply trim it. (b) treats the consequence as a fee. (d) invents a transfer between remedies — overstating a lien does not move the surplus onto a bond, and a willfully false bond claim carries its own exposure.

Law Reference: Civil Code §8422

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