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Can I still lien a property 6 months later because client has strung me along with broken promises?

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Good Morning, My name is Rafael Carrillo. I am a license General Contractor. Last summer I remodeled 2 houses in the same property for Orion Ross a new client. He did not listen to me and made too many channges which drove the cost of project up. I walked away from his project last August. He promised to pay my all the costs. But now after many broken promises, he still owes me around 89,000 and my HVAC sub he owes 10,000. I did not pressure him for a long time because he was in a very bad car accident and in the hospital. But, now this has gone too long. I need to Lien his property. I need to force him to pay. What is my next step please?

1 reply

Feb 28, 2020

In California, a GC who contracts directly with the property owner must file their lien within 90 days from the completion (or cessation) of the project. The completion/cessation of the project is defined as when one of the following occurs: "(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." If the 90 day deadline is missed, it is fatal to any subsequent lien claim. If lien rights do not exist, however, it doesn't necessarily mean there is no hope of recovery. Recovery in this type of situation usually requires filing a lawsuit - whether for breach of contract, conversion, breach of prompt payment requirements, or some other cause of action.

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