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Can I file a mechanics lien?

I have a client who has not paid us about $39k extremely past due. We have completely stopped work because of that and the remaining balance not invoice is $59k the overall amount is $86k. Can I start a mechanics lien for the full amount? or would it be just on the progress payment? The client does not answer phone calls or emails. The state in which we are located is California. Please let me know if anyone can help ASAP.

1 reply

Nov 15, 2022

It is unclear whether your client is a general contractor or the owner on the project. I assume this is a private project as opposed to a public works project, but that is not stated in your question. It is also unclear whether you have served a preliminary notice. There is no indication of whether there is a payment bond on the project. These details are important for you to get effective guidance. As a general rule, you cannot record a mechanics lien until your work is completed, either through completion or an extended work stoppage. If you have stopped work because of non-payment, you should consider following the procedures for a stop work notice.

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