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Can i lien without prelim notice?

California

Did not send prelim notice. Job is commercial hotel. has not been 90 days. No construction lender. Can I lien?

2 replies

Apr 19, 2021

Yes, general contractors in California are only required to send a preliminary notice if there is a construction lender on the project. As you alluded to, the deadline to file liens in California is 90 days after completion of the project. Unless a Notice of Completion was filed on the project, then the deadline for GCs is cut to just 60 days after the notice was recorded. 

For a detailed explanation of the process, see: Step-by-Step Guide to Filing a California Mechanics Lien 

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Apr 19, 2021
If you have a direct contract with the owner of the building you do not need to serve a pre-lien or 20 day preliminary notice. If not, then you do.
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