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Can I file a mechanic lien

CaliforniaChange OrdersPreliminary Notice

we are close to complete the work we were hired to do, we did additional work at request of the owner, when we asked to get paid for it, he refuses to pay us and start complaining about our performance, basically a bunch of lies. Can I file a mechanic lien?

2 replies

Dec 18, 2020

 Your change orders must be in writing signed by the owner. You may record a
mechanics lien if you gave the owner Preliminary Notice sufficient to
“substantially inform” the person who is given notice of the information
required in the notice: 1) name and address of owner;2) name and address of the contractor;3) name and address of lender; 4) legal description of jobsite; 5) name and
address and relationship to the parties of the person giving notice; 6) general statement of the work provided; 7) name of the person to or for whom the work was provided; and 8) estimate of your demand. Notice may be given by personal delivery, registered mail, certified mail, express mail, overnight delivery by an express service carrier, or by leaving notice and mailing a copy
in the same manner provided by statute for the service of summons and complaint
in a civil action.  

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Dec 21, 2020
Yes, you can file a mechanic’s lien once you’re finished with the work (or as far as much work as you’re going to do) provided this is a private job and not a public job. You need to file within 90 days of completion of the entire project unless a notice of completion was recorded (but I rarely see these on private jobs). I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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