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can I file mechanics lien?

I have finished the construction project. I sent the notice of intent to line back in October 2019. The project was done in August 2019. The general contractor sent me the revised change order on March 3, 2020 The general is saying since we have not severe the prelien we have no right to file the lien.

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Jun 5, 2020

A contractor has 30 days after the recording of a Notice of Completion, or 90 days after completion of the entire project, if no Notice of Completion was recorded, to record a lien. If the project was complete in August, your lien rights have expired. It is also true a preliminary notice is a prerequisite to recording a lien. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.

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Jun 6, 2020

If you are a subcontractor, then it’s a requirement that serve the owner, general contractor, and lender (if any) with a Preliminary Notice to let the owner know you’re working on the job. If you’re a sub and you didn’t timely send this notice, then you have no lien rights. A preliminary notice is not required if you’re a general contractor and there’s no lender on the project. You still have the right to sue the person who hired you for the money you’re owed even if you didn’t do the preliminary notice, you just can’t file a lien.

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