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Additional Work On Project After Initial Mechanics Lien

CaliforniaLien Deadlines

A lien was filed on the job at the time we had the final walk through with the architect. Since then, progress payments have been made and change orders have been submitted and accepted on the project. It's been over 90 days since the lien was filed. We are still working on site to complete those change orders and the amount due has changed, can we file a new lien even though a previous lien was filed? A Notice of Completion has not been filed.

1 reply

Apr 11, 2019
This is an interesting situation. Your initial assumption is correct. Since it has been 90 days since the lien was filed, the deadline to enforce has passed. Therefore the lien claim has expired. However, depending on the extent of the work being performed under the change orders, there may still be an opportunity here. California lien law is unique, as it ties the lien deadline to the completion of the overall project, as opposed to the date of the claimant's last furnishing. This makes calculating deadlines a bit trickier than usual. Meaning, even if a lien has expired, there may still be time to simply file another. If the change orders are for a "substantial" amount of work or money, then the entire project may not have reached the legally required "level of completion" yet. This situation just emphasizes the importance of owners filing a Notice of Completion; without which, the actual completion dates is open for interpretation. For more resources, visit our California Lien and Notice Overview page.
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