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can i file a mechanics lien on a project in California if we missed the Prelim?

California

Are we able to file a mechanical lien in the state of California when we didn't submit a preliminary notice?

2 replies

Jul 15, 2021

Depends on whether you're a prime or a sub. If you're the prime, usually you don't need a prelim. If you're a sub, then you needed it. If you aren't getting paid, you can always look to breach of contract theories to try and get paid.

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Jul 17, 2021
If you had a direct contract with the property owner you don’t need to have filed a preliminary notice to file your lien. Also, if your work hasn’t been finished for more than 20 days, you may still be able to send a preliminary notice to capture some or all of your work, and then file your lien. I’m happy to answer any questions you may have about this.
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