Information About Construction Claims Law

Provided by an Orange County Construction Dispute Lawyer at Lanak and Hanna P.C.

Commonly referred to collectively as "Job Rights," the constitutionally-derived mechanics' lien, stop notice, and payment bond remedies provide security for what would otherwise be an unsecured construction claim. These are the only creditors' rights/collections remedies provided for in the California Constitution.

Furthermore, if the remedies are correctly perfected and enforced, the claimant is guaranteed payment even where a sub or prime contractor files bankruptcy or otherwise becomes insolvent.

Also of substantial benefit are the statutory provisions that permit the claimant to recover its costs of collection, including attorneys' fees and court costs, on public works payment bond claims and bonded stop notice claims.

These Job Rights remedies are construed liberally to benefit the claimant, but the procedural requirements to perfect and enforce the mechanics' lien, stop notice, and payment bond claims must be strictly followed.

An Orange County construction claims lawyer at Lanak and Hanna P.C. is a knowledgeable resource for the procedures involving construction claims and collections. These statutes have been revised and amended often during the last 100 years, and continue to give rise to litigation over their meaning and purpose. See Bronstein, Trivial(?) Imperfections: The California Mechanics' Lien Recording Statutes, 27 Loy. L.A. L. Rev 735 (1994).

Construction liens must be pursued with diligence and attention to detail, which is why you should work with an Orange County construction claims law firm that understands the intricacies involved in filing a mechanics’ lien, stop notice or payment bond and knows how to aggressively use and leverage these laws to collect your money, promptly and fully.

If you or your company is in need of experienced legal representation to aggressively collect on a construction claim, contact an Orange County construction dispute lawyer at Lanak and Hanna P.C. today.

A Constitutional Remedy: Each time a contractor, subcontractor, or material supplier furnishes labor or materials to a construction project, whether public or private, large or small, the California Constitution guarantees him a security interest in the property being improved, so long as he complies with the detailed procedures enacted by the legislature and interpreted by the courts. See Cal. Const. 1976, Article 14, Section 3.

Disclaimer: The summary above is not intended as and should not be construed as legal advice. The statutory and case law is subject to constant revision and modification. The reader is strongly advised to consult an attorney whenever job rights are at risk.