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?
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.
Thank you so much.
A clause in a contract that bans the filing of a lien can indeed limit your right to file a lien. However, the enforceability of such a clause depends on the specific language used and the state laws where the contract was made. It is important to carefully review the contract and seek legal advice if you have any concerns or questions about the clause look at this website. Additionally, it's essential to know your rights and obligations as a contractor or supplier, and to be aware of the specific lien laws and regulations in your state. If you need more information about filing a lien, you can check out this website for helpful resources and guidance.