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Can I file a mechanics lien if I missed the deadline 5 months ago?

CaliforniaLien WaiversMechanics Lien

Hello, I work at a landscape company, we got hired as a subcontractor to perform a job. This contract included maintenance for a year, which was performed. We invoiced the general contractor (our client) and did not receive payment. The GC is claiming their client has not paid them yet so they cannot send us a check until they get paid by their client.

1 reply

Mar 30, 2023

Depends upon if the entire job has been finaled or not. If it was finaled 5 months ago your mechanics lien is probably not going to be valid. In which case you can file a Breach of Contract lawsuit against the contractor, and if he hasn't been paid he can bring in the homeowner as a cross defendant. A good thing about filing the lawsuit against the contractor as per statute you can get attorneys fees and interest, which you wouldn't be able to get with the Mechanics Lien. 

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