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Does COVID-19 result in any extension in the deadline in California to record a mechanic's lien?

CaliforniaCoronavirus Lien Deadlines

If a contractor submitted a mechanic's lien for recording with the L.A. County Recorder's Office within 90 days of the substantial completion of a project, but because of the COVID-19 delays the recorder's office didn't get around to recording it until after 90 days, is there any relation back to the date submitted?

1 reply

Jun 9, 2020

Unfortunately, it's hard to say. There's no official deadline extension that I'm aware of for California mechanics lien claims. Normally, the deadline is the deadline and it's up to the claimant to account for recording delays. However, considering these extenuating circumstances, it would hardly be surprising to hear that leniency would be afforded. And, if that's the case, it'd make a lot of sense to go off of the date when the recorder received the document rather than when they record it since the recorder's extreme delays aren't something claimants could have possibly accounted for. Again - there's no black and white answer at this time, I don't think, since a global pandemic shutting down recorders and causing delays is pretty unprecedented. There's sure to be plenty of litigation and deadline discussion coming due to these delays, though, and that will provide a lot more insight into what to expect. For now, assuming that the claim will be valid might be the best way to move forward with negotiations. In addition to the above, it will be important to take the lien enforcement deadline into account, too. Those are generally, that's 90 days from the lien's recording date (though, the deadlines for filing lawsuits have been delayed some). But, when the recording date is up in the air, that enforcement date will be up in the air, too. Contacting a local California construction attorney to see what they have to say about the potential for lien filing deadlines and lien enforcement deadlines would be a useful exercise. As a final note, this page should be useful: Coronavirus & Construction Cash Flow.

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