SECTIONS 3128-3131 - California Statutes

CIVIL CODE

SECTION 3128-3131

3128. The liens provided for in this chapter shall attach to the
work of improvement and the land on which it is situated together
with a convenient space about the same or so much as may be required
for the convenient use and occupation thereof, if at the commencement
of the work or of the furnishing of the materials for the same, the
land belonged to the person who caused such work of improvement to be
constructed, but if such person owned less than a fee simple estate
in such land then only his interest therein is subject to such lien,
except as provided in Section 3129.

3129. Every work of improvement constructed upon any land and all
work or labor performed or materials furnished in connection
therewith with the knowledge of the owner or of any person having or
claiming any estate therein shall be held to have been constructed,
performed, or furnished at the instance of such owner or person
having or claiming any estate therein and such interest shall be
subject to any lien recorded under this chapter unless such owner or
person having or claiming any estate therein shall give a notice of
nonresponsibility pursuant to Section 3094.

3130. In every case in which one claim is filed against two or more
buildings or other works of improvement owned or reputed to be owned
by the same person or on which the claimant has been employed by the
same person to do his work or furnish his materials, whether such
works of improvement are owned by one or more owners, the person
filing such claim must at the same time designate the amount due to
him on each of such works of improvement; otherwise the lien of such
claim is postponed to other liens. If such claimant has been employed
to furnish labor or materials under a contract providing for a lump
sum to be paid to him for his work or materials on such works of
improvement as a whole, and such contract does not segregate the
amount due for the work done and materials furnished on such works of
improvement separately, then such claimant, for the purposes of this
section, may estimate an equitable distribution of the sum due him
over all of such works of improvement based upon the proportionate
amount of work done or materials furnished upon such respective works
of improvement. The lien of such claimant does not extend beyond the
amount designated as against other creditors having liens, by
judgment, mortgage, or otherwise, upon either such works of
improvement or upon the land upon which the same are situated.
For all purposes of this section, if there is a single structure
on more than one parcel of land owned by one or more different
owners, it shall not be the duty of the claimant to segregate the
proportion of material or labor entering into the structure on any
one of such parcels; but upon the trial thereof the court may, when
it deems it equitable so to do, distribute the lien equitably as
between the several parcels involved.

3131. If a work of improvement consists in the construction of two
or more separate residential units, each such unit shall be
considered a separate "work of improvement," and the time for filing
claims of lien against each such residential unit shall commence to
run upon the completion of each such residential unit. A separate
residential unit means one residential structure, including a
residential structure containing multiple condominium units, together
with any common area, or any garage or other improvements
appurtenant thereto. The provisions of this qualification shall not
impair any rights conferred under the provisions of Section 3112 and
3130. Materials delivered to or upon any portion of such entire work
of improvement or furnished to be used in such entire work of
improvement and ultimately used or consumed in one of such separate
residential units shall, for all the purposes of this title, be
deemed to have been furnished to be used or consumed in the separate
residential unit in which the same shall have been actually used or
consumed; provided, however, that if the claimant is unable to
segregate the amounts used on or consumed in such separate units, he
shall be entitled to all the benefits of Section 3130.
For purposes of this section and notwithstanding any other
provision of this chapter, the completion of a residential structure
containing multiple condominium units, together with any common area,
or any garage or other improvements appurtenant thereto, and only
such residential structure, shall not operate in any manner to impair
the rights of a lien claimant entitled to a lien pursuant to Section
3111, if the claim of lien is recorded in the manner prescribed by
this chapter within 120 days of the completion of the residential
structure.