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Do we include the GC of record when filing a mechanics lien

California

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?

3 replies

Jun 22, 2022

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. 

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Jun 22, 2022
Thank you Ryan. We most likely didn't leave ourselves enough time with the country recorder, so I have another strategy in mind. After we notified the owner of our intent to lien, the owner contacted me yesterday and said he'd like to get us partially paid and have us resume work. My question is if we set foot back on site, doesn't this essentially restart the mechanic's lien clock? Does this have any consequences regarding our lien? We're fairly sure our filed lien won't be recorded in time, so this is my next best strategy. Thanks again for your time and expertise.
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Jun 23, 2022

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.

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