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Can I file a lien?

CaliforniaMechanics LienRight to Lien

I did not file a preliminary notice as I was working for someone that I thought was trustworthy and the job went really fast so I didn't have time. But now the homeowner is not paying me. Can I still file a lien?

3 replies

May 13, 2021

Your right depends on whether you were the prime contractor or subcontractor and how long it has been since you finished work. 

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May 13, 2021

There was a general contractor but he was not paid either. He is just walking away and not going to pursue getting paid. The homeowner was going to pay us directly, payment to us would not have come from the GC. There is an email from the homeowner to us, acknowledging that they owe us money. The work was completed approx. 45 days ago.

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May 18, 2021
If you’re a subcontractor and you didn’t send a timely preliminary notice to the owner and the general contractor, then you don’t have lien rights. If you did work in the last 20 days, you may be able to send a preliminary notice now and capture some of your work, but not if your work is over 20 days old. I’m happy to answer any questions you have about this.
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