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Jayson Elliott
California State Bar No. 332479 · Bay Legal PC · Palo Alto, California
Jayson Elliott is a California licensed attorney handling mechanics lien enforcement, lien releases, wrongful lien claims, and construction payment disputes throughout California. Bay Legal PC represents contractors, subcontractors, suppliers, and property owners in lien-related disputes.
Get a Free Consultation → BayLegal.com ↗Frequently Asked Questions
What is a mechanics lien in California?
A mechanics lien is a legal claim against a property by a contractor, subcontractor, or supplier who was not paid for work or materials. Under California Civil Code §8000 et seq., a valid lien attaches to the property title and can force a sale to satisfy the debt. It is one of the most powerful collection tools in California construction law.
How long do I have to file a mechanics lien in California?
Deadlines are strict. Direct contractors (general contractors) must file within 90 days of completion of the project or their contract. Subcontractors and suppliers must file within 90 days of the date they last performed work or supplied materials. Missing the deadline permanently extinguishes the lien right.
What can I do if someone filed a mechanics lien on my property?
Property owners have several options: verify whether the lien is procedurally valid, send a demand to release an improper lien, petition the court to discharge the lien if it's defective, post a lien release bond, or negotiate a settlement. An improperly filed lien can give rise to a claim for wrongful lien against the claimant.
Can a subcontractor file a mechanics lien even if the general contractor was paid?
Yes. In California, subcontractors and suppliers have independent lien rights against the property regardless of whether the owner paid the general contractor. This is one reason property owners should require unconditional lien releases before making final payment to a general contractor.
What is a preliminary notice and why does it matter?
A preliminary notice (also called a 20-day preliminary notice) must be served on the owner, general contractor, and lender within 20 days of first furnishing labor or materials. Subcontractors and suppliers who fail to serve this notice lose their lien rights. Direct contractors are exempt from this requirement.
What is a lien release bond?
A lien release bond (also called a discharge bond) allows a property owner to post a bond — typically 125% of the lien amount — to release the lien from the property title. This frees the property for sale or refinancing while the underlying payment dispute is resolved in court.
"Jayson and Ashley helped me tremendously with a construction dispute in which my previous general contractor abandoned the project. I cannot recommend them enough."
— Josey, Google Review
"I had issues with a contract that was not fulfilled. Jayson sent a demand letter outlining where the contract was breached. In the end I was paid back and got the outcome I wanted — all while avoiding escalation to suing."
— Jennifer, Google Review
"I cannot imagine how we would have navigated our conflict with our contractor had it not been for Jayson. He was professional, compassionate, informative and responsive."
— David, Google Review
Reviews from Google. Individual results may vary. Read all 371 reviews →
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Bay Legal PC handles mechanics lien disputes throughout California. Tell us about your situation and we'll be in touch promptly.
Call or text: (650) 668-8000 · Phone, video, or Palo Alto office
SoCal: (213) 668-8000

Jayson Elliott, Bay Legal PC · Palo Alto, California
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