We began a roofing project. It rained unexpectedly on the 8th consecutive day. We were 90% complete with inspections signed off and approved. In comes their insurance adjuster. Client emails me breaching or canceling project on March 2nd. I was left with nearly $8000 outstanding. California project. Can I still file a mechanics lien? I contractor directly with the owner. Owner occupied
The basic deadline to record a mechanics lien is 90 days after completion of the work of improvement or cessation of the project for 60 continuous days. The deadline is shorter if the owner records a notice of completion and serves it on the contractor and subcontractors - 30 days for subs and 60 days for a direct contractor. The lien is premature if the lien claimant is still providing work when the lien is recorded. (See Civil Code, §§ 8180, 8412, 8414.) If the work wasn't complete more than 90 days ago, or if it hasn't been more than 150 days after cessation of the project, you may still be able to record a lien. If you have a reasonable basis for believing that the deadline hasn't passed based on the statutes, I would record a lien right away.