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Can a contract act as a 20 day preliminary notice when hired directly by the homeowner?

California

Homeowner hired us to redo there floors. Completed our work, but doesn't like the color. Now refusing to pay the balance. We completed our work roughly 25 days ago. Is to too late to put a lien on the property?

2 replies

Feb 17, 2021
You do not need to serve a Preliminary Notice to record a lien when you are in direct contract with the owner. I would record your mechanic's lien right away. I suggest you consult with a construction attorney for more specific advice as to how to deal with this situation.
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Feb 19, 2021

If the homeowner you contracted with owns the property, then you don’t need to send a preliminary notice (assuming there’s no lender).  You have 90 days from completion of the project to lien the property.  So if you did the work 25 days ago, you should still have time to record a lien.  Remember that the lien will expire unless you file a lawsuit to foreclose the lien within 90 days of the lien recording date. 

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