I am a subcontractor in a project and we have put a lien on the job for the 1st invoice last November 2021, which until now, is unpaid yet. Our case is that we still have 2 invoice in Procore that the GC leave under review and have not paid also . We have not sent a prelien on the 2nd and 3rd one which have the bigger amount. Can we still prelien and put mechanics lien on them?
The mechanic's lien laws are not controlled by subcontract or payment provisions.
As a subcontractor, your lien notification deadlines start at the end of the month in which you performed the unpaid work. It does not matter that other of your invoices are stuck in an accounting process. The lien deadlines wait for no one. The lien notice process depends on an analysis of your legal position, whether the owner of the project is a public or private entity, whether there is a payment bond, and other factors.
Retain a construction attorney to evaluate your legal rights and to provide advice.
Good luck.