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Client is claiming my lien is invalid

CaliforniaConstruction ContractLien DeadlinesMechanics Lien

Hello. I am a subcontractor and I had Levelset file a prelim, intent to lien and mechanics lien in irder to protect a job. The general contractor that hired us is claiming that our mechanics lien is invalid because Levelset did not provide a proof of service and declaration regarding service which their attorney is stating is required for the prelim notice.

1 reply

Jul 21, 2020

As long as you sent preliminary notice and sent it to the correct parties within 20 days of commencing work, you should have lien rights as a subcontractor for the duration of the project. 

With respect to the lien itself, the lien must be served on the direct contractor and the owner before it is recorded. As long as things were filled out correctly on Levelset, this step should have been taken care of. 

Most likely the GC and its attorney is simply trying to bully you into releasing your lien without actual grounds to do so.

Remember, you only have 90 days from recording your lien to file legal action to foreclosure the lien.

If you require legal assistance, email me at ryan@huntortmann.com to schedule a free consultation.

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