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CAN YOUR HOME BE LIENED?
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One of the most frequently asked questions in residential construction is
whether a mechanics and materialmen's lien can be filed against a
residence.
The general rule is that a lien cannot be recorded by the person claiming
the lien against the dwelling of a person who became an owner-occupant
prior to the construction, alteration, repair or improvement, except by a
person having a written contract directly with the owner-occupant.
This means that if you have a written contract with a general contractor
to perform work at your home but no written contract with any
subcontractors or suppliers, then only the general contractor has a right
to file a lien. Keep in mind, though, that a general contractor can
include in its lien amounts owed to subcontractors and suppliers whom the
general contractor has hired.
An owner-occupant is defined as a natural person who:
(a) Prior to commencement of the construction, alteration, repair or
improvement holds legal or equitable title to the dwelling by a deed or
contract for conveyance of real property recorded with the county recorder
of the county in which the dwelling is located, and
(b) Resides or intends to reside in the dwelling at least 30 days during
the twelve-month period immediately following the construction,
alteration, repair or improvement and does not intend to sell or lease the
dwelling to others. Residence in the dwelling or intent to reside in the
dwelling may be evidenced by the following or other physical acts:
(i) The placing of his or her personal belongings and furniture in the
dwelling, and
(ii) Occupancy either by the person or members of his or her family.
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