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a follow up question to your recent answer

CaliforniaConstruction ContractLien DeadlinesMechanics LienPreliminary Notice

Originally I was working a $40,000 contract on the basis of a proposal only...i completed ones section of project (about $20,000) as requested by owner/general...then came back 3 months later to complete(Sept 2017 ... I was uncomfortable not working with a contract and so secured a contract for the remaining work and at that time issued a prelim.( Jul 2017).... Now 5 months later they are finally ready for me and I need to complete the contract ...mainly extra charges for repairs and to complete a some details I was unable to complete due to other trades not being complete. So, I just wanted to check that the prelim. I filed in July 2017 is valid (doesnt make sense that it would not be) Then when I finish the work in the next month or so that I have 90 days to file a lien...Is all that correct?

1 reply

Jan 19, 2018
A preliminary notice sent pursuant to a contract for work will cover all of the work contemplated in that contract. Remedial and punchlist work might not always be accounted for regarding deadlines (check out this post on punchlist work and this one on returning to a job). Regarding that deadline - the CA mechanics lien statute defines a direct contractor as "a contractor that has a direct contractual relationship with an owner." Those who fall under that definition must file either 90 days after completion of the work of improvement; or 60 days after the owner records a Notice of Completion or Cessation (if one is recorded) - whichever date is earlier will apply. Any lien claimant who is not considered a direct contractor under that above definition must record their mechanics lien after the claimant ceases to provide work, and either: 90 days after completion of the work of improvement; or, 30 days after the owner records a Notice of Completion or Cessation (if one is recorded) - whichever date is earlier will apply.
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