We are the subcontractor working under the GC contracted by the owner. We are filing a lien and want to confirm if we are also including the GC, with whom we are contracted and who was listed on the Preliminary notice. Our date to file, which is 90 days from last day of work is 6/28/22. How long does Levelset take to process and deliver the liens? In other words, by what date do we need to initiate this lien within Levelset's system?
Yes you must include the GC. I would give yourself a cushion of at least a few weeks just to be safe. You are relying both on Levelset processing and the actual processing by the recorder's office which can vary.
The mechanics lien deadline runs from project completion by the GC. So, if the project is ongoing you still have time to record a lien. The exception to this would be a continuous cessation of labor by all trades of 60 days, which is also considered a completion for lien purposes. The lien deadline in this scenario would (with some exceptions) be 90 days from the last today of the 60 day cessation of labor. If is all other project work is complete by all trades, returning to the project would restart the clock unless a 60 day cessation has occurred or the work can be characterized as warranty or other work separate from the original project.
Keep in mind that if you do record a lien, returning to the project will invalidate the lien and it will need to be released. However, you will maintain the right to record a new lien.