Statute · California Civil Code

Cal. Civ. Code § 8470 — Enforcement of Lien

Cal. Civ. Code § 8470

Type
Statute
Source
California Civil Code
Jurisdiction
California
Date
2011-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

In an action to enforce a lien for work provided to a contractor:

Citator

Cal. Civ. Code § 8470 — Enforcement of Lien is in force in the current edition of the Code, and nothing recorded condemns it.

In an action to enforce a lien for work provided to a contractor:

(a) The contractor shall defend the action at the contractor’s own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim.

(b) If the judgment in the action is against the owner or the owner’s property, the owner may deduct the amount of the judgment and costs from any amount owed to the direct contractor. If the amount of the judgment and costs exceeds the amount owed to the direct contractor, or if the owner has settled with the direct contractor in full, the owner may recover from the direct contractor, or the sureties on a bond given by the direct contractor for faithful performance of the direct contract, the amount of the judgment and costs that exceed the contract price and for which the direct contractor was originally liable.