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Can a clause banning filing a lien in a contract negate my right to file a lien?

CaliforniaLien Priority

We signed a construction contract with a GC and there is a clause stating we cant file a lien on the property. Is that enforceable?

2 replies

Apr 6, 2023

California Civil Code section 8122 provides that “An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights” Provisions in a contract cannot prevent a contractor from asserting the right to record an otherwise valid mechanics lien. 

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Apr 6, 2023

Thank you so much.

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