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Can I lien a project even though it is not 100% completed?

CaliforniaLien on Funds

I am a subcontractor and the GC put the job on hold for the past 70 days however, we have not been paid for the past 6 months. Can I file a Mechanics Lien and also file a Stop Payment Notice?

1 reply

Dec 8, 2022

The basic deadline to record a mechanic's lien or serve a stop payment notice is 90 days after completion of the work of improvement or cessation of the project for 60 continuous days. The deadline is shorter if the owner records a notice of completion - 30 days for subs and 60 days for a direct contractor. The lien is premature if the lien claimant is still providing work when the lien is recorded. (See Civil Code, §§ 8180, 8412, 8414.) So it appears you could now timely record a lien and serve a stop payment notice as long as you served a preliminary notice and otherwise complied with the lien statutes.

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