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Can a General Contract file a Preliminary Lien on a project that never was paid and no Unconditional Final Release sent

CaliforniaPreliminary Notice

We are a general contractor and we were on a project where the client short paid our final pay application. We never sent a preliminary lien on the project and never submitted an unconditional waiver and release upon final payment. We have not been on this project for 9 months. Can we file a preliminary lien now or are they any options for us to pursue?

1 reply

Jun 24, 2021

It sounds like a lien is not a viable option. A breach of contract case is a route forward for you, but you'll need an experienced construction attorney to draft and file that. 

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