Home>Levelset Community>Legal Help>Do the 90 days start from the last invoice/billed work or the last time a representitive of the company was at the proje

Do the 90 days start from the last invoice/billed work or the last time a representitive of the company was at the proje

Hello, I hired a contractor to remodel my house (in Culver City California) and they finished the project in early August. I told them there were many items which needed to be fixed (for example damages to my property) before I send them the last paycheck. They sent 2 people to fix 2 of the damages (caused by their crew) and charged me for it on an invoice dated 8/28/2019. That is the last invoice I have from them. I moved in at the end of September. They had some people come in 10/25/2019 to do a minor fix (install a door). I have a dispute with them about some things they charged me for. They want to file a mechanical lien against me. Have the 90 days past, since the last day they actually worked on and billed me for or does the last time somebody from they company came to my house count, even though it was just to do a small job for 1-2 hours? Thank you for your time! Ivo

1 reply

Dec 18, 2019

The deadline for filing a California mechanics lien isn't based on billing timeframes. Rather, for contractors hired directly by the property owner, the deadline is 90 days after the completion of the project, or if a Notice of Completion is filed by the property owner, 60 days from that filing. Now, it's still worth noting that minor work won't always extend the deadline for filing a mechanics lien. Rather, the work must generally be required under the contract in order for it to give rise to lien rights - and simple acts like punch list work or minor repair work will generally not extend the timeframe for filing a lien. More on that here: I Returned to a Job – Does that Change the Lien Deadlines? Ultimately, though, whether or not returning to a job to perform work will be considered a continuation of the project relies less on the time spent working and more on the nature of the work and whether that work was necessary work under the contract. Levelset discusses that in the context of California subcontractors, here: California Mechanics Lien Deadline | When Does the Clock Begin to Tick? Finally, in addition to the above, I think these resources should be valuable: I Just Received a Notice of Intent to Lien – What Should I Do Now?

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