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Can I file a Mechanics Lien?

California

Hello, Is it possible to file a mechanics lien for unbilled change orders and retention? We have outstanding changes that haven't been approved yet so we are unable to bill for them. And typically we're not able to bill retention until the project has been completed. According to our project manager, all the changes are legitimate, the work has been completed. Our lien rights are going to expire soon so what would we need to do in this situation? Can we still file a lien for everything outstanding?

1 reply

Apr 19, 2022
The answer to your question is yes. You should record a mechanics' lien for any money that you claim has not been paid for the work you performed on the project, regardless of whether the changes have been approved by the owner, and do so before the deadline to record a lien. Remember that you need to serve a Notice of Filing the Mechanics Lien in advance of recording the lien, and that you have 90 days after the recording of the lien to file a lawsuit to enforce the mechanics lien.
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