We are the GC , we did not have a contract with the property owner, just a tenant. The invoice is around 450K. We did not file the 20 day notice in time but filed the lien. Do we have a good lien , can we foreclose under the circumstances ?
If you are performing work for a lessee, Civil Code section 8200 does require service of a preliminary notice on the owner to record a valid lien claim. However, there is case authority holding that service of the preliminary notice may be excused if the owner had actual knowlege of the construction and failed to post a notice of non-responsibility. So if there is evidence that the owner had actual knowledge of your work, proceed with the lien foreclosure. In the same action you can enforce your contract claims against the tenant.