A general contractor hire my flooring company

4 months ago

Hello there
My flooring company got hire by a general contractor to do the flooring at his project site, there was a few change orders that were never added to the original contract adding to more than 20K, job was done a few months a go, we have try several time to get in touch with him to collect a moneys but he has not respond back any of the call neither the emails. My question here is, can I file a lean against the property or the contractor?
It was a project above 20K and we only got paid for the materials and the deposit


The Code in California is very specific, and the answer to your question depends on a few things. It sounds like you’re “other than a direct contractor”, meaning you needed to have filed a 20-day preliminary notice, which (if not) can be cured by filing a timely lien within 90-days of cessation or completion of work, but you can only “look back” 20-days to the date of completion of such work. If you are not totally confused now, the bottom line is that when you say the “job was done a few months ago”, this information needs to be more specific to know whether your lien rights have expired; however, and regardless of a lien, you can always file a lawsuit within the statutory time period to collect.

Managing Partner Gibbs Giden LLP
13 reviews

If you properly served a preliminary notice, then there still MAY be time to record a lien against the property. If you did not, then you likely have a breach of contract claim against the GC that hired you (assuming you are a properly licensed subcontractor). You should consult with a construction attorney to discuss your specific situation.

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