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As a sub, I filed a mechanical lien on a property without placing a 20 day preliminary notice. Is my lien legal?

CaliforniaMechanics Lien

I place swimming pool rough plumbing and electrical at a job and have to gotten paid. G.C was removed with bad term with Owner.

2 replies

Jan 25, 2023

Look at Civil Code Section 8410 to find your answer. In short the preliminary notice is required in order for a subcontractor to file a mechanics lien. However, you may still be able to file a Breach of Contract lawsuit against the General Contractor and be entitled to attorneys fees, court costs, and interest. See Business and Professions Code section 7108.5. There is a 2 year statute of limitations to file a lawsuit based upon breach of an oral contract. See Code of Civil Procedure Section 339. 

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Jan 27, 2023
Unfortunately, as a sub you were required to timely send a Preliminary Notice to have lien rights. If you didn’t, your lien is invalid. However, sometimes the mere fact that you put the lien on is enough to get you paid if others aren’t looking too carefully. But you will need to release the lien if anyone objects or you could be liable for damages. I’m happy to answer any questions you have about this.
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