I’m a sub contractor just finish a first phase of lathing and submitting the invoice for payment , but my 90 days will be expire in a few days. So do I still send out the mech lien ?
1 reply
Apr 5, 2021
The first thing to check is whether you have sent out a Preliminary Notice to the Owner, the General Contractor, the Construction Lender, and the person or entity with whom you contracted. If you have not sent out a Preliminary Notice, you may not have the right to lien. Because you are in the first phase of your work, you should send out the Preliminary Notice as soon as possible, so it will cover your work in future phases.
The deadline for recording a Mechanic's Lien is not based on when you finish your work, but when the Project is finished. In general, making sure you get a lien on file prior to completion of the First Phase of the Project would be a good goal. The 90 day period you are referring to is likely the time for filing a lawsuit after you have recorded the lien. In order to ensure your lien remains enforceable, you must file a lawsuit within 90 days from the date of recording the mechanics lien.