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can i file a mechanics lien?

California

Hello, my company is the GC, and we've finished work, with a signed contract and now the person is refusing to pay. I've already sent a Notice of Intent to Lien.

3 replies

Dec 29, 2020

 As a GC, you have 60 days from recordation of a Notice of Completion (NOC) to record a lien, or 90 days
after completion of the entire project if no NOC is recorded. You must file suit within 90 days of recording the lien.  

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Dec 29, 2020

If you are the direct contractor, or in other words, you have a contract directly with the project owner, your next step would be to record a mechanics lien. Your deadline to record a mechanics lien is the earlier of: (1) 90 days after completion of the project; or (2) 60 days after the owner records a notice of completion or cessation. 

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Dec 31, 2020
As long as you’re within the lien period and are a licensed contractor, you should go ahead and record a lien. As a GC you have 90 days from completion of the project to record a lien, assuming no Notice of Completion was recorded. (I almost never see a Notice of Completion on a private residential project.) Sometimes a strong letter from an attorney threatening the owner with a lien can help too. Don’t forget that if you do record a lien, you must perfect it by filing a lawsuit to foreclose the lien within 90 days of the lien recording date. I’m happy to answer any questions you have about this.
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