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Can I file a lien if there isn't a notice of occupancy?

CaliforniaMechanics Lien

I'm a subcontractor and worked on a private job in CA and our customer is not willing to pay. I threatened to file a lien but was told I couldn't because there wasn't a certificate of notice of occupancy, is this true?

3 replies

Feb 9, 2021
No. That is untrue. You can record a mechanic's lien anytime after you complete your work, or you have ended your work on a project.
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Feb 12, 2021

The time period to record your lien is 90 days if there was no “notice of completion.” If there was a “notice of completion” you have 30 days from its recordation. I am not sure which you mean by “certificate of notice of occupancy" but it does not affect the right to file a lien within the prescribed timeframe.

 

 

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Feb 12, 2021
If your scope of work is completed, then you are permitted to record a lien.  However, the lien must be recorded within 90 days of actual completion.  It is not necessary that the owner record a Notice of Completion to trigger your right to lien.
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