Home>Levelset Community>Legal Help>Can i file a mechanic's lien?

Can i file a mechanic's lien?

Anonymous Subcontractor

I'm a subcontractor on a project. I finished our work on 11/15/2019... i sent my preliminary notice. Substantial completion of the whole project is officially 2/21/2020. Can i or should i file a mechanic's lien now?... is the limit 30 days, 60 days or 90 days after substantialcompletion? Thanks

1 reply

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 335 reviews

Mar 16, 2020

The deadline for a subcontractor to file a California mechanics liens is typically 90 days after completion of the work of the improvement. However, if there is a Notice of Completion or Notice of Cessation has been filed on the project; the deadline to file will be reduced to a mere 30 days after one of these two notices is recorded. Missing this deadline to file is fatal to your mechanics lien rights. Before filing a lien claim, there is one more thing you can try to induce payment. This is known as sending a Notice of Intent to Lien. Consider this letter a final warning, stating that if payment isn't forthcoming in x amount of days you are willing and able to file a mechanics lien against the property. This should be sent to both the general contractor and the property owner to get your debt the full attention it needs. This is not a formal requirement, but is usually pretty effective at inducing payment, Here's an article that may prove helpful: How to File California Mechanics Lien | A Step-by-Step Guide to Get You Paid

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

0 people found this helpful

Helpful