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Can I file a lien or should I purse breach of contract?

CaliforniaConstruction ContractLien Deadlines

We are a subcontractor providing custom acrylic panels for a pool in California. Our contract clearly states, payment in full prior to ship and the client is now saying they won't pay until it's delivered. We are complete with the production side of it but are holding onto the acrylic for now. Is filing the preliminary notice the best way to go? I don't know if we have met the following. Not sure what is meant by "claimant ceases to provide work." The mechanics lien deadline for parties hired by someone other than the owner is set out by § 8414 of the California Civil Code: “(a) After the claimant ceases to provide work. (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation.”

1 reply

Jun 30, 2022
You definitely need to serve a preliminary notice, if you have not already. The code you've cited relates to the timing on pursuing a mechanic's lien if you're not paid. If you call me, I can explain further.
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