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Who Pays for Clearing Bogus Mechanics' Liens
California Real Property Journal - Volume 40, Issue 1
Mechanics’ liens are an old concept, intended to protect builders from being shorted their fees and material costs by property owners. Some sources trace the mechanics’ lien back to Thomas Jefferson, who supposedly saw it as a way to spur construction in Washington, D.C. at the end of the 18th century. The lien itself gives the mechanic or contractor an actual property interest, not just a contract or tort claim that they can seek to recover upon. Protecting those that do the work to improve properties and ensuring property owners cannot simply short those workers has long been an interest legislators wish to protect, particularly in California.
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