Fremont Hills is our customer, we are still onsite but not getting any type of payment, can I file a mechanics lien or do I have to file intent to lien first?
2 replies
Mar 30, 2020
There is no requirement to send a notice of intent to lien in California. You might do so to encourage payment without incurring the costs of an actual lien. But it is not required, and you should move forward with the lien if your deadlines are getting close. Remember, you have 90 days after project completion by all trades to file your lien if no notice of completion is recorded.
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Helpful
Mar 30, 2020
Under California mechanics lien law, there is no "Notice of Intent" requirements. However, before filing a mechanics lien, the claimant must deliver a copy of the lien claim document by certified mail before filing. Also, be sure to keep a record/receipt of sending the claim to the owner. The reason for this being that, in order to properly file a CA mechanics lien, the claimant must attach an "Affidavit of Delivery" as proof that a copy was sent to the owner. There's no need to wait until the copy is actually delivered, as long as there is proof that a copy of the claim was sent to the required party (property owner) by the required means (certified mail).
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