Question

Mechanic’s and Artisan’s Liens

Do you think allowing individuals/businesses to recover payment for services via the lien process is efficient? Is it fair?

Answer 1

The objective of the mechanics’ lien law is to secure payment to a mechanic for his labor and materials. The California Constitution (and this applies in just about every state) provides that all classes of mechanics, material men, artisans and laborers shall have a lien on the property on which they have bestowed labor or furnished material for the value of that labor or material. This constitutional mandate has been made effective by the legislature though the procedures provided in the California Civil Code. Thus, the law has created a preferred position for persons who perform labor or supply materials for the improvement of real property. *Very few identifiable groups have such constitutional protection for their specific benefit.* Because of this constitutional protection, any contract provision which purports to waive the right of a mechanic to enforce a mechanic’s lien or stop notice prior to the performance and payment for the work or materials is against public policy, void, and unenforceable.

The public policy that justifies mechanic’s lien law is the FAIRNESS AND EQUITY RESULTING FROM THE IMPROVEMENT by the labor and materials of another.