Am I still able to file a lien? We are a Home Restoration company in the water mitigation industry. We provide water mitigation Mold Remediation Pack out and Pack back services with storage. the water mitigation and the mold remedation has been complete. What isn't complete is the storage and the pack back as we still have his personal items in storage. Are we still in the timeframe of filing a lien as the storage and the packback has yet to be completed?
If your preliminary notice included information that the storage and pack in were part of the contract, you might be able to include those charges on the amount of the lien, but it's a stretch because those services seem separate from the construction labor, services, and equipment for the water mitigation portion of the contract.
If a notice of completion or notice of cessation of labor is not recorded properly, you have 90 days after “completion” within which to file a claim of lien. the job is not actually complete until all final work is done, but again, it's a stretch to call storage and pack in part of the project.