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54 Calif. L. Rev. 179 (1966)
More on Mechanics Liens, Stop Notices and the Like

handle is hein.journals/calr54 and id is 203 raw text is: More on Mechanics Liens, Stop Notices and the Like Charles E. Goulden* and Larry Braxton Dent** M ECHAICS LIENS and stop notices are statutory, nonconsensual security devices which concern the construction industry.' Me- chanic is used in its older sense to refer to laborers or workmen.2 A laborer or workman, however, seldom files a mechanics lien,8 so when the word mechanic is used it really concerns building contractors, subcontractors, and materialmen. A good definition is: A mechanics' lien is a charge imposed upon specific real property as security for the remuneration of those who have contributed labor or materials to the improvement of the property.24 The stop notice also is a security device, available to members of the construction industry other than prime contractors,5 with no relationship to mechanics liens other than certain procedural ties. The stop notice is a lien against construction funds rather than the improvement This article is concerned exclusively with the operation of mechanics liens and stop notices within the sphere of private, nongovernmental works of improvement in California. The first two sections discuss the current law and methods by which lenders and owners may protect them- selves from adverse effects associated with mechanics liens and stop notices. The third section discusses proposed legislation. For the benefit of those who are not familiar with the jargon of the construction industry, and for those who are but attribute to words meanings different from those intended by this article, the following definitions may be helpful: Improver: Any person who provides goods or services to or for the construction of an improvement to real property. Lender: A third party who lends money for the construction of *Member, State Bar of California; Bar Association of San Francisco. ** Member, California Law Review. 1 The state constitution provides for the lien, CAL. CONST. art. XX, § 15, but the con- stitutional provision is not self-executing and must be supplemented by legislative action. Spinney v. Griffith, 98 Cal. 149, 32 Pac. 974 (1893). The relevant statutes are contained in H2 1181-1203.1 of the Code of Civil Procedure. 2 Comment, 51 CAxan. L. REv. 331 n.2 (1963). 3 Id. at 361 n.228; Comment, 16 HASTaNGs L.J. 198, 204-05 (1964). 4 Comment, 51 CAnP. L. Rav. 331 (1963) (footnotes omitted); see CAr. CODE Crv. PRoc. §2 1180, 1181, 1184.1. 5 CAL. CODE Civ. PRoc. §§ 1190.1-92.2. 6See generally Comment, 51 CA=n. L. REV. 331, 351-54 (1963).

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