I am a sub-contractor working on a commercial project. I was hired directly from the general contractor. Work was completed a month ago and I am being told the owner will not pay the GC and therefore the GC can't pay the subs. I did not file a pre-lien. Do I file the pre-lien now? When can I file a Mechanic's Lien? Or do I file a Stop Notice?
Good afternoon! Generally, the GC not being paid by the owner is not a valid reason not to pay subcontractors --- especially after the recent Crosno Construction appellate case. More on that case here: California Pay-When-Paid: What is a "reasonable time" for payment? (levelset.com) That said, if you did not timely do a preliminary notice, and the work was done a month ago, you likely will not have lien or stop payment notice rights. From what you've described above, it sounds like your avenue to recovery lies with the GC.
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