Attorney Jeremy M. Carroll joined Carney Law Firm in 2017. He has dedicated his professional career to fighting for the rights of those who have been injured due to the negligence of others. Before joining the Carney Law Firm, Attorney Carroll gained valuable experience representing victims and their families for injuries resulting from construction site accidents, medical malpractice, wrongful death, premises liability, and motor vehicle collisions. Attorney Carroll has settled, mediated, and arbitrated many cases with successful results, as well as working on several cases resolving in substantial six-figure settlements for his clients.More...More...
Hi, You have 90 days from your last day of work to file a lien. I would give the client 45 days to pay you. If they have not paid by then, write a letter demanding payment and telling them that you will file a lien in 30 days if not paid. After 75 days, file your lien. Don’t wait until the 90th day. I’m out this week but if you want to talk next week, call me at 415-407-1290. Thanks, JerrySee More...
A Preliminary Lien Notice must be served 20 days before the contractor/subcontractor who served the notice started work. Otherwise, the contractor/subcontractor can only lien for the work performed in the last 20 days of work. A mechanic’s lien must be filed within 90 days of the last day the contractor performed work. It sounds to me like both the Prelim and the Mechanic’s Lien are invalid but I would need to see the documents.See More...
Yes, you should submit an amended/revised Unconditional for the amount that was paid. Somewhere on the form, type in “This Unconditional Waiver supersedes the Unconditional Waiver dated xx/xx/xx because full payment was not received.” You can submit a new Conditional for the $40,000 still owed. If you don’t do a new Unconditional, you’re going to have problems down the road. Submit the new Unconditional as soon as possible. In the futureSee More...See More...
Generally speaking, you cannot file a mechanic’s lien on a public works project. Your remedy is either a “Stop Work Notice” or a claim against the General Contractor’s payment bond. Stop Work Notice for Public Works A stop work notice claimant must have served a 20-day preliminary notice within 20 days of commencing work as a condition of filing the stop notice. California Civil Code Section 8508. The stop work notice must be served upon the publicSee More...See More...