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can a sub put a lien?

California

Anonymous General Contractor

One of my subs did not file a preliminary notice, can he put a lien?

2 replies

Brion Berkley

Construction Lawyer

Legal Guard Lawyer

Construction Attorney at Brion Berkley, Attorney at Law

| 64 reviews

Mar 15, 2023

He can still file the lien, but the lien will most likely be deemed worthless.

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Cathleen Curl

Construction Lawyer

Attorney at The Law Office Of Cathleen M. Curl

| 135 reviews

Mar 17, 2023

A sub who did not timely send and serve a preliminary notice to the owner and the GC CANNOT legally file a mechanic’s lien on a project. The sub’s only recourse would be against the GC who hired them not against the owner or the property. I generally write a strong demand letter to the sub demanding that they release the lien due to their lack of a preliminary notice and threaten them with legal action, which usually works. I’m happy to answer any questions you have about this.

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