After 20 years as an attorney at large law firms and in house with a general contractor, Mr. Julander has the depth and breadth of experience to solve the most complex legal problems, with particular expertise in construction law, appellate practice, insurance coverage and business litigation. Since 2008, Mr. Julander has served as General Counsel for Advent Companies in San Juan Capistrano, California, a general contractor specializing in the construction of affordable housing. As General Counsel, he is responsible for negotiating and drafting construction and intellectual property contracts, More...More...
If you still have time, you can create significant leverage by recording a mechanic's lien. The basic deadline to record a mechanic's lien is 90 days after completion of the work of improvement or cessation of the project for 60 continuous days. The deadline is shorter if the owner records a notice of completion - 30 days for subs and 60 days for a direct contractor. The lien is premature if you are still providing work when the lien is recorded. YoSee More...See More...
You have multiple possible remedies. I recommend that you first send a demand letter with a fixed date for payment. You may be entitled to 2% interest per month and recovery of your attorney's fees under the prompt payment statutes. Often a demand letter is sufficient to provoke payment. You can also record a mechanic's lien if the project is complete and the time for recording the lien has not yet passed. If there is a construction lender, you can serve See More...See More...
The basic deadline to record a mechanics lien is 90 days after completion of the entire work of improvement. The deadline is shorter if the owner records a notice of completion and serves it on the contractor and subcontractors - 30 days for subs and 60 days for a direct contractor. The lien is premature if the lien claimant is still providing work when the lien is recorded. (See Civil Code, §§ 8180, 8412, 8414.) If April 21 is the date the entire project was coSee More...See More...
The basic deadline to record a mechanics lien is 90 days after completion of the work of improvement or cessation of the project for 60 continuous days. The deadline is shorter if the owner records a notice of completion and serves it on the contractor and subcontractors - 30 days for subs and 60 days for a direct contractor. The lien is premature if the lien claimant is still providing work when the lien is recorded. (See Civil Code, §§ 8180, 8412, 8414.) If the wSee More...See More...
If you missed the deadline to file your foreclosure action, the lien has expired and is no effect. If there is still time to record a new lien based on the date for completion of the work of improvement or service of a notice of completion, then you can record a new lien and start the time limit again. Nevertheless, you should still have contract claims against the party that engaged you to perform the work, and you can file a lawsuit for breach of contract whetheSee More...See More...