{"id":369383,"date":"2016-04-04T10:47:24","date_gmt":"2016-04-04T15:47:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/owning-a-home\/contractors-liens-select-state-laws.html"},"modified":"2024-01-20T03:10:03","modified_gmt":"2024-01-20T08:10:03","slug":"contractors-liens-select-state-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/owning-a-home\/contractors-liens-select-state-laws.html","title":{"rendered":"Contractor’s Liens: Select State Laws"},"content":{"rendered":"\n
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Contractor's Liens: Select State Laws<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you don’t pay your contractor, they may force the sale of your property through a mechanic’s lien<\/a>. Mechanic’s or construction liens are a common aspect of property law in the United States.<\/p>\r\n

Suppose you hire an independent contractor to perform a construction project on your home. To secure payment, the construction contract may give them the right to seize the real estate they built or repaired. The written agreement will have a disclaimer stating that the contractor may file a lien if the owner fails to pay for the home improvement. States have limited or expanded this right and have frequently established notice obligations.<\/p>\r\n

How Liens Typically Work in Most States<\/h2>\r\n

An unpaid contractor can place a lien against a property<\/a> for qualifying labor and goods. Suppose you have hired a California contractor to ensure your home is upgraded to comply with building codes. Let’s say you fail to pay the contractor and have no good excuse for nonpayment, and going to court or arbitration isn’t an option.<\/p>\r\n

As a California business, the contractor will be subject to state laws in California for lien purposes. Federal laws don’t come into play as far as liens are concerned. But no matter what state you’re in, the contractor will usually need to:<\/p>\r\n