Hi, I need help with understanding if I am still eligible to file a mechanical lien? We are a Home Restoration company and we provide: Water mitigation Mold remdeation Pack-out and storage services. The water mitigation, the mold remedeation and packout have been completed. However, storage isn't complete as his items are still with us and a pack back (moving back his items when he is ready after repairs have been completed) haven't been completed yet. Are we still within our 90 days as we have yet to complete the storage and the pack back portion? the date of the contract is 9/8/2020. Thank you and I look to hear from you soon.
Unfortunately you are only eligible for a mechanic's lien for work to improve the property. Thus storage costs cannot be included the mechanic's lien and cannot be used for the purpose of calculating dates. If the water mitigation/mold remediation was completed more than 90 days ago it is too late to record a lien. However, if the project was stopped rather than completed, you may have more time. Absent an actual completion, a project is considered complete after a continuous cessation of labor for 60 days. Meaning you would have 150 days from the beginning of the continuous cessation of labor to record your lien (absent a notice of cessation).