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Can I file a mechanics lien?

CaliforniaNotice of Intent to LienPreliminary Notice

Good morning. We own a Fence company in California. We have a client who has owed $8,950.00 since 03/29/2021 I have emailed and call them repeatedly and get nothing but the run around. Can I file a lien?

2 replies

Jul 2, 2021
You have 90 days from the completion of the project in which to record a lien, unless a valid notice of completion was recorded, in which case you would need to record a lien within 60 days if you are in direct contract with the owner, and 30 days if you are not in direct contract with the owner. If you are not in direct contract with the owner, you will also have needed to serve a preliminary notice. If you are past the deadline, you can still bring a claim for breach of contract against the person with whom you had a contract.
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Jul 2, 2021
Generally, you only have 90 days upon completion to file a mechanics lien. If you were a subcontractor you can still file a lawsuit against the prime contractor. If you were the prime contractor then you can file a lawsuit against the homeowner in Small Claims Court, and if a written contract you have up to 4 years to file the suit, but it's better to do it sooner rather than latter.
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