Can I file a lien?

7 days ago

I’m a subcontractor, we finished the work on this project (this was change order) without the PO. Now our client is not paying. We filed preliminary notice 2 weeks late. What can we do now?

Attorney Carlton & Alberola
25 reviews

It doesn’t matter that the work was done without a PO. If you are owed money, and despite how long you waited to serve the 20 day prelim., record a lien before the expiration of 30 days after recordation of a Notice of Completion, or 90 days after completion if no NOC is recorded. Then, you have 90 days to file suit to foreclose on the lien. Call me if you would like to further discuss. Thanks, Andrew

Disclaimer: Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
1 found this helpful
Legal Associate Levelset
172 reviews

Just to add to the above. A California preliminary noticecan be effective and valid if sent late. But it will limit that amount of lien rights to the value of labor and services provided in the 20 days preceding the notice, and everything provided thereafter. If you wish to proceed with your lien claim, you’ll need to file within the deadlines cited by Andrew Carlton above. Good luck!

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Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
1 found this helpful
Partner Procopio, Cory, Hargreaves & Savitch LLP
1 review

The preliminary notice reaches back to cover labor and materials provided 20 days prior to the service of the preliminary notice and all labor and materials going forward. The next step would be to record a lien assuming it is still timely.

MARY A. SALAMONE
PARTNER

P. 949.381.6177 | F. 619.788.5522 | mary.salamone@procopio.com

1 found this helpful
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