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can I send an intent to lien on a long overdue monthly payment? Or must it be for full value of outstanding contract?

CaliforniaNotice of Intent to Lien

GC has not paid on contract monthly billing submitted in November. We have other billing for December and Retention owed as well as change orders. Can we file intent to lien for just the late payment at this point or must we file for entire value of remaining project?

1 reply

Feb 27, 2020

A notice of intent to file lien is not a formal requirement in California but a document you can send to the GC/Owner/Lender to increase pressure to make payment and hopefully avoid the costs associated with recording an actual lien. But the threatened amount should match what you actually intend to lien. You can lien all amounts earned for labor, services, materials and equipment furnished. This may be either the reasonable value for these services and materials or the amount agreed to between the parties, whichever is less. You may not include amounts in your lien for work that has not yet been performed. There is nothing that says you have to include all amounts earned in your lien, but to avoid the need to record multiple liens generally you would want to do so.

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