We are the primary contractor having a real tough time collecting the final payment of $2,900.00 in the State of California. We did not do a preliminary notice and we want to know what our rights are on being able to lean or collect payment.
4 replies
Jan 17, 2022
If you are the prime contractor, you do not need to provide a preliminary notice, but instead the Mechanics Lien Warning in the prime contract. See B&P 7159.
Assuming your licensed in California and provided a contract in compliance with 7159, and performed your obligations per the contract, then you can file a claim in Small Claims Court or send to collections agency. You can file a lien if filed within 90 days of completion (permit signed off) assuming no Notice of Completion was filed, in which case you only have 60 days if the prime contractor. See Civil Code Sections 8412 and 8416.
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Jan 17, 2022
We have the warning on our contract and would like to move forward with the lien. Can you advise on how we move forward?