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Can we file a mechanic lien now?

CaliforniaLien Waivers

We are a subcontractor hired by a GC - the GC has not paid us. Our last date on site was 7/25/22. What can I do within that 90 day deadline. How long do I have to file a lien? If I am not within the deadline what are the other options? What are the definitions of “the project” as it relates to us regarding the 90 day deadline to file after “substantial completion of the project.” Our portion of this large project is about 6 months of work, while the entire house remodel will take around 2 years and is run by a GC with many subs. Is our deadline the last day we worked there? Or the last day the GC worked there? Or some other deadline. We have been waiting for the client to schedule us for the remaining $19K of work we have left to complete the project, which is why we have not yet filed a lien. The total cost of the project is $130,490.00. We have billed $111,345 and received $94,194.00 in payments. The $17,151.00 balance due consists of $11,134.50 on 90% invoices, and $6,016.50 of 10% retention invoices.

2 replies

Jan 20, 2023

I am the CEO of Wolfgang and Rhodes. I help contractors execute liens and get paid typically within 5 days. I charge nothing up front. Feel free to call my cell 214-518-9595 or email me at joshua@wolfgangandrhodes.com 

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Jan 25, 2023

Hi, thank you for reaching out to the Levelset community. Here is the Levelset guide to filing a mechanics lien in California:
https://www.levelset.com/blog/how-to-file-mechanics-lien-california/ . You may find some answers there. 

If you are seeking to hire an attorney, it could be prudent to consider contacting an attorney directly at their office. You may find our directory of California construcion lawyers by selecting the "Resources" tab in the header of this web page. 

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