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Can I file another mechanics lien on this job?

CaliforniaLien DeadlinesRecovery OptionsRight to Lien

I just received a Notice of Pendency of Action from my vendor. It is filed against me personally and also against my company, regarding our Tarsal project. I filed a lien on this job, but it looks like time has run out on the lien. What do I need to do? Should I file another lien?

1 reply

Sep 9, 2020
If there's still time to file a mechanics lien before the deadline, then filing a new lien and releasing and expired lien might be an option for moving forward. Granted, if you'll be filing a release, it's important to strictly release the old document and not additional rights that could affect your ability to recover payment moving forward. The deadline to file a mechanics lien on a CA construction project is generally 90 days from completion of the project (unless a Notice of Completion was filed to shorten the deadline). So, if the project is ongoing, or if it's only recently been completed, pursuing another lien may be an option. Finally, note that recovery efforts don't have to stop once a lien gets filed. No, there are some steps that can be taken to maximize the chance of payment - like negotiating the dispute, sending a Notice of Intent to Foreclose, or even to look at enforcing the lien claim. Levelset discusses that here: The 4 Steps to Take After Filing a Mechanics Lien. Of course, if a lien is expired, those options likely won't work as well. There are also other recovery methods that could lead to payment. There are lots of other avenues, like sending demand letters, pursuing legal claims (via traditional litigation or small claims court), sending the debt to collections, etc. So, if one recovery path isn't fruitful, there are other ways to proceed. Plus, combining different options could also be effective.
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