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Can I still file a mechanics lien

CaliforniaMechanics Lien

I'm a General Contractor worked on a owner occupied residence started job 9/16/22 completed 2/13/23 I understand that my payment rights are at risk because I missed a deadline and did not send a preliminary at start although I see California only requires a preliminary if there is a lender involved which there is not. Am I still ok to file a Notice of Intent and if not paid a Mechanics Lien.

1 reply

Mar 28, 2023

If you are a GC and contracted with the owner you don't need to serve a prelim, except on the lender, if any. As a GC, you have 60 days from recordation of a Notice of Completion (NOC) to record a lien, or 90 days after completion of the entire project if no NOC is
recorded. You must file suit within 90 days of recording the lien.
That said, yes, you can record a lien based on the dates you've indicated.

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