We're a subcontractor in California. We sent a preliminary notice and completed the job about 80 days ago. And we just found out that the job address that the preliminary notice was sent to, was a wrong address by one digit. It should have been 459 Hilledge Dr instead of 458 Hilledge Dr. And the two properties belong to a different owner. In this case, is there anything we can do to protect our mechanic's lien right?
It is possible that the owner may have actually received your preliminary notice from the neighbor or that the owner had actual knowledge of your work estopping it from claiming failiure to provide preliminary notice. But you may have problems enforcing any lien due to this error. Be sure to record any needed lien within 90 days of project completion by all trades to ensure that you still have an argument for a valid lien. Also, see what information you can gather regarding what happened to the preliminary notice and to what extent the owner had knowledge of your work. If necessary to record the lien, you have 90 days to resolve before filing a lawsuit to foreclose. You will want to use this period to attempt to resolve the claim as given the preliminary notice issues, there is no guaranty that your lien will ultimately be enforceable if forced to litigate.
If you have further questions email me at ryan@huntortmann.com to schedule a free consultation.