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Can I file a Mechanics Lien even though i did not send a Preliminary Notice in CA?

CaliforniaMechanics LienPreliminary Notice

I have a subcontract directly with the General Contractor. I have been paid in full except retention and a large amount of change order work due to flooding that is being held up by the GC's insurance claim. I want to file a lien but realized I never sent a preliminary notice. Since I do have a excecuted contract can I still file a Mechanics Lien?

1 reply

Sep 13, 2021
I’m assuming this is not a private job and not a public one. If so, a preliminary notice is required for a sub to have lien rights on a project. You can send a preliminary notice out late but it will only cover work done 20 days before the notice and then all work done after. So if your work is mostly done then this might not work for you. Even without the preliminary notice you still have legal rights against the GC who hired you. I’m happy to answer any questions you have about this.
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