Defending Against Liens. Know your rights under California law.
Comprehensive legal information about defending against liens in California commercial and residential construction projects.
Comprehensive legal information about defending against liens in California commercial and residential construction projects.
Overview
Comprehensive legal information about defending against liens in California commercial and residential construction projects.
California construction law provides detailed protections for property owners, contractors, and subcontractors. Understanding the applicable statutes, deadlines, and procedures is essential whether you are pursuing or defending a claim. All content is authored by Jayson Elliott, J.D., a California-licensed attorney.
Steps for handling defending against liens
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Use the free tool →Your Rights Under California Law
California property owners and contractors have substantial rights under state construction law.
Property owner rights
Owners have the right to construction that meets building codes, approved plans, and the standards of Civil Code §896. When construction fails these standards, owners can pursue claims for repair costs, consequential damages, and in some cases attorney fees.
Contractor rights
Contractors have the right to timely payment for work performed, including the new protections under SB 440 (2% monthly interest on late payments) and SB 61 (5% retention cap). Licensed contractors can enforce mechanic's liens and bond claims.
Key statute
How California Law Applies
The legal standards for defending against liens are established by California statute, building codes, and case law. Key statutes include Civil Code §895 et seq. (Right to Repair), Civil Code §8400 et seq. (mechanic's liens), BPC §7031 (contractor licensing), and the new SB 440 and SB 61 provisions effective 2026.
The Legal Process
California construction disputes typically proceed through pre-litigation notice and inspection, mediation, and if necessary, litigation or arbitration. The specific process depends on the claim type and whether the project is residential or commercial.
What Documentation Matters
Key documents include the construction contract, change orders, payment records, inspection reports, correspondence, photographs of defective work, building permits, and expert reports.
Frequently Asked Questions
How long do I have to file a defending against liens claim?
Deadlines vary by claim type. Contract claims have a 4-year statute of limitations. Negligence claims have 3 years from discovery. Latent defect claims have a 10-year statute of repose. Consult an attorney immediately to determine your specific deadlines.
Do I need a lawyer for defending against liens?
Construction law is complex with strict deadlines and procedural requirements. An experienced construction attorney can evaluate your claim, ensure compliance with all notice and pre-litigation requirements, and protect your rights.
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