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Can I file a lien since much time has passed?

California
Gerald Metzler
CEO at Winding Glen Woodcraft Inc DBA Christiana Cabinetry

This project was affected by the COVID pandemic and we have been waiting for quite some time. Can I file a lien to get paid?

2 replies

Feb 21, 2022

You need to get evidence proving when and why the proejct stopped. The deadline to record a lien will depend on that evidence.

The latest a mechanics lien may be recorded in California is determined by either actual project completion by all trades, a continuous cessation of labor for 60 days, or the recording of a timely notice of completion of notice of cessation. In the case of actual completion or a continuous cessation of labor for 60 days, the deadline to record a lien is 90 days from the date of actual completion or from the last day of the 60-day cessation of labor. (Civil Code §§8180, 8412.) In the case of a notice of completion or notice of cessation the deadline to record a lien is 30 days from the notice for direct contractors and 60 days from the notice for everyone else. (Civil Code §§8182, 8188.)

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Trial Partner at Lanak & Hanna
| 12 reviews
Feb 22, 2022
Yes, provided you have given the notice required to enforce lien rights.
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