I am the prime contractor on a project with constant change orders and delays from the homeowner. She wont return my calls or emails. I sent a notice of intent to file on September 9th, 2022. Can I still file a lien?
The basic deadline to record a mechanic's lien 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.)
Cal. Civil Code section 8180 defines completion of the work of improvement:
(a) For the purpose of this title, completion of a work of improvement occurs upon the occurrence of any of the following events:
(1) Actual completion of the work of improvement.
(2) Occupation or use by the owner accompanied by cessation of labor.
(3) Cessation of labor for a continuous period of 60 days.
(4) Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days.
And Civil Code section 8050 defines “work of improvement” as "the entire structure or scheme of improvement as a whole, and includes site improvement.”
So if 90 days have not passed since "completion," you should be able to still timely record a lien.