Mechanic's Liens relate back to the commencement of the work of improvement as a whole.

     Many California contractors believe that the priority of their mechanic's lien is determined by when their work commenced on the project.  Although that idea makes sense, it is not the case under California law.  For purposes of establishing priority of other encumbrances, all mechanic's liens on a project relate back to the commencement of the work of improvement as a whole.  This can be good news for a subcontractor who is concerned about his priority in relation to a Deed of Trust, for instance, that was recorded after the project commenced but before the subcontractor's work began.

California Civil Code section 3134 provides as follows:

The liens provided for in this chapter (other than with respect to site improvements) are, subject to the exception in Section 3138, preferred to any lien, mortgage, deed of trust, or other encumbrance upon the work of improvement and the site, which attaches subsequent to the commencement of the work of improvement, and also to any lien, mortgage, deed of trust, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of commencement of the work of improvement.

     The issue of priority of mechanic's liens can be a complicated one, so you should get in touch with an attorney who is experienced in these matters.  Your lawyer can assist you in determining the priority of the lien in question.

     Feel free to contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it if you would like any help with this type of issue.