John F. Bradley, Jr. has been practicing civil litigation in San Jose and the San Francisco Bay Area since 1993. During that time, he has represented clients in civil matters both as plaintiffs and defendants. These include situations arising from business disputes, breaches of contract, collection matters, and commercial law matters. He holds a license to practice law in California and works at John F. Bradley, Jr., Attorney At Law. More...
You have 90 days from recording the lien to file a lawsuit to foreclose on it. You can also sue the party to your contract for breach of contract. The contract case has a longer time to sue than to foreclose on the lien.See More...
Whether or not you need the preliminary notice will depend on who your customer was. If you are a sub working for a contractor then you need the preliminary notice. If you are dealing directly with the owner, you don't.See More...
The time to lien a job can be pretty long depending on the details. You may have 90 days from completion of the project or 60 days from when the owner records a notice of completion. Assuming that time has passed, you can sue whoever you had your contract with for breach of contract. On a typical written contracts you have four years from breach to sue. See More...
You need to file a lawsuit to foreclose on the lien. Often the suit includes a claim for breach of contract. The time to sue to foreclose on the lien is 90 days from recording. The time to sue for breach of contract is longer. Small claims is not the place to try to foreclose on the lien. Depending on the amount in question, small claims might be the better place to pursue the breach of contract claim. It really depends on the specifics of your situation. See More...
Are you licensed in the state where the job will be performed? If not, you may have a big problem. Since a mechanics lien will be enforced against real property, and real property is usually a local concern, you should certainly look into doing whatever you need to do to protect your rights where the lien would be enforced. In an abundance of caution you may want to comply with your requirements for both CA and wherever the work is going to be done.See More...