Home>Levelset Community>Legal Help>Am I able to file a mechanics lien if the last day of labor was on 11/16/17 but I have not invoiced for the retention?

Am I able to file a mechanics lien if the last day of labor was on 11/16/17 but I have not invoiced for the retention?

Anonymous Contractor

I have completed all billings except for the retention billing. They are now past due on billing I submitted on 11/16/17 and would like to place a mechanics lien on the property. I am not sure if the retention billing not being completed will mess that up.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Feb 21, 2018

That's a good question - the timelines can be confusing when it comes to mechanics lien deadlines. In California, the deadline to file a mechanics lien will actually not be based on the retention billing. Instead, it will have more to do with project role and when work was completed (or ceased) or whether a Notice of Completion or Cessation was filed. A direct contractor must record his Claim of Lien after completion of the direct contract, and before the earlier of either 90 days after completion of the work of improvement; or 60 days after the owner records a Notice of Completion or Cessation. A claimant other than a direct contractor must record his mechanics lien after the claimant ceases to provide work, and before the earlier of either: 90 days after completion of the work of improvement; or, 30 days after the owner records a Notice of Completion or Cessation.

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