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