Substantial completion of a project has been completed. The path of travel on the exterior portion of the building needs to be rerouted and architect is changing plans to maintain ada compliance. Its been 6months now waiting on the architect and owner will not pay me until the path of travel is corrected. What can I do to get paid? The amount is 30% of the contract equating to about $31000. Should I file preliminary lien documents?
In California, lien claimants who are subcontractors have only 30 days to record a lien after the owner or prime contractor records a notice of completion, and direct contractors have 60 days after a notice of completion; if no notice of completion is served, mechanics lien claimants have 90 days after completion to record a lien.
Here, it's possible the owner served a notice of completion even though work is not done. Your right to payment for the balance of your contract will also depend on the terms and conditions of your subcontract. If you built to plan but the plans were wrong, you should still insist on payment of the full amount, then submit a change order after you have an opportunity to price out the new design.
I would recommend you retain a qualified construction attorney to review your contract and advise you of your rights to payment.