Can a lein be filed if the job stopped on September 9, 2019. the work is not completed the building is not usable now

2 weeks ago
State: California

A contractor has sent me a notice that they intend to file a lien on my property. The work stopped on September 9, 2019 And was not completed.. This is the date recorded on the lien document they sent to me. This can not be filed, correct? The building they were working on is not usable anymore in the state they left it in. . I live in So. CA.

Managing Partner Gibbs Giden LLP
19 reviews

The answer to the question is complicated and will depend on many specific facts.  Generally, a contract must complete the performance of all of the work required by the direct contract before it can record a lien, but if the contractor has ceased performance (perhaps due to nonpayment), the contract can try to record a lien if he/she/it remains unpaid for labor and materials furnished to the project.  The contractor only has a limited time to do so, however, and a true cessation of labor for 60 continuous days can constitute a “completion” of the project even though the building remains in an unusable state.   You should consult a construction attorney to guide you with your issue and based on your particular situation.

—CN

Disclaimer: NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation.
Guest
Anonymous

But if it has been more than 60-days they are not allowed  to file a lien

Managing Partner Gibbs Giden LLP
19 reviews

As I mentioned, it is a complicated issue that requires understanding all of the particular facts.

Disclaimer: NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation.
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