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Can I file a Mechanics Lien

CaliforniaMechanics Lien

We are the General for work in the state of California. We did not file the notice at the beginning of the job. Would our lien rights still be availanble to us now?

3 replies

Mar 8, 2022

It depends on the type and nature of the project. Public? Private? Residential? Is there a construction lender?

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Mar 8, 2022

This is for Commercial Work and we do not have anything on file advising about a construction lebder. Not saying there isnt one - just advising nothing is in the paperwork advising of that. This is a private job. 

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Mar 11, 2022

It is always good practice to serve a preliminary notice, but it is possible that you could overcome the failure to do so if there is no construction lender and you are contracting directly with the property owner and not a third party like a lessee, etc.  

https://www.levelset.com/preliminary-notice/california-preliminary-notice-faqs/#:~:text=On%20public%20projects%20in%20California,have%20no%20preliminary%20notice%20requirement.

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