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Can I file a mechanics lien in California after the date of expiration?

Anonymous General Contractor

We missed the deadline to file a lien on our project in California - we have recently been informed that our customer has filed for bankruptcy. Are we able to still file a lien against this property even though it is outside our 90 day window to get the landlords attention?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Jun 8, 2020

A mechanics lien filed after the deadline will generally be considered invalid and unenforceable. It's likely possible to get a lien filed after the deadline since county recorders generally don't investigate each claim made with their office. However, knowingly and intentionally filing a lien beyond the deadline could actually create some liability for you. With that being said, it's worth re-assessing California's lien deadline. In California, a mechanics lien must be filed within 90 days of the overall project completion (not based on last furnishing). That timeframe is shortened when a Notice of Completion or Cessation gets filed. But, if the project was abandoned, if completion didn't occur, and if no Notice of Completion or Cessation was filed - the lien deadline could be pretty lengthy. Further discussion here: California Mechanics Lien Law: When Is A California Construction Project Substantially Complete?

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