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Can I file a lien?

California

We started this job almost a year ago. However, it was placed on hold for almost 6 months and resumed almost 4 months ago. We finished our scope about a month and a half ago. Can we still have rights to the lien since the project was on hold for a long time in between?

1 reply

Apr 28, 2022

In your role as a subcontractor, did you do a preliminary notice when the job started or when it resumed work? What was the value of your unpaid work before the project was suspended vs. the value in your completion work?

If the project was truly mothballed for 6 months (i.e., no work), then a 60 day continuous cessation of labor could constitute a completion of the project, triggering a 90 day window within which to record a lien. The question will be whether there was a true cessation of labor for 60 continuous days during this 6 month window -- and whether you timely and properly served one, two, or no preliminary notices.  

You should consult with an experieced construction attorney to discuss your particular situation.

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