Home>Levelset Community>Legal Help>As a GC in CA in contract with owners, if I don't need to file a preliminary notice, when should I file the lien?

As a GC in CA in contract with owners, if I don't need to file a preliminary notice, when should I file the lien?

California

We are a general contractor and have trouble getting customers to pay their final payments from time to time for completed work. Your website indicates as the General contractor with the contract we do not need to file the preliminary notice. Since their is time and money involved in filing a lien, should we wait to file the lien until the customer does not make their payment on time?

2 replies

Aug 29, 2022

You only have 90 days from completion to record the Mechanics Lien. If a Notice of Completion was filed, you only have 60 days. If you wait to file until after that time frame your lien will be invalid. If there is any debate as to what the completion date is, I would go by the Final inspection date.

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Aug 30, 2022

yES, YOU SHOULD RECORD THE LIEN RIGHT AFTER COMPLETION OF THE PROJECT, AND THEN FILE SUIT TO ENFORCE THE LIEN 90 DAYS AFTER THAT! SOME OWNERS WILL DRAG YOU OUT WITH PROMISES TO PAY UNTIL YOUR LIEN RIGHTS EXPIRE. BETTER TOO SOON THAN TOO LATE!!

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