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Can I file a mechanics lien?

CaliforniaMechanics Lien

I have a homeowner who signed a contract for a project- We are the GC. The homeowner cancelled the contract 2 months later, after the allowed time frame given per the contract. Special Material was ordered and we are stuck with the bill for that material. It was not delivered / installed due to the termination, but I was wondering if we still have lien rights. We did not send a preliminary notice, as we are in direct contract with the homeowner who was funding the project himself. So no other party was involved. But I wanted to know if we have the rights to file a lien for the balance of the special order material.

2 replies

May 27, 2022

There's a bit to unpack. You have 90 days to file a lien. Then you'll eventually have to sue to perfect that lien. 

You might also have a breach of contract claim. Depending on the amount at issue, you could consider suing or go through the small claims process.

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May 28, 2022
If you didn't actually install anything then arguably a Mechanics Lien isn't proper. You may be better off enforcing the arbitration clause or filing suit for breach of written contract. Consult with an attorney to determine the proper course of action.
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