California’s mechanics lien statute allows a sub-contractor to file a lien on a homeowner’s property when a direct contractor, for whom the sub-contractor worked, has failed to pay the sub-contractor. The statute compels the homeowner to pay the sub-contractor even when the homeowner has paid the direct contractor in full. This Note argues that California’s mechanics lien statute is too broad, because the statute does not provide any exception for a homeowner who has paid the direct contractor in full. Specifically, this Note argues that California’s mechanics lien statute violates public policy, as well as constitutional, and contract principles. This Note proposes an amendment to the statute to protect ordinary homeowners from the risk of double liability.
"Resolving the Double Liability Problem: A Critique of California's Mechanics Lien Statute,"
University of Massachusetts Law Review: Vol. 9
, Article 6.
Available at: http://scholarship.law.umassd.edu/umlr/vol9/iss1/6