We supplied equipment and training and are completely done on the project, but it is on-going and will be for another year. Do we need to file a claim before the notice of completion?
Your deadline to file a mechanic's or or stop payment notice runs 90 days from the completion of the project by all trades, 90 days from the first day after a continuous cessation of labor for 60 days, or 30 days from the filing of a notice of completion or notice of cessation. Thus you could potentially wait.
But I would not recomend it. At a minimum you should send a stop payment notice. This will force the owner to withold the funds that you are owed motivating your customer to pay you. And unlike a mechanic's lien, your deadline to file a lawsuit on the stop payment notice runs 180 days from project completion. So even if you are not paid immeidatly, you won't need to escalate things prematuraly if you do not want to.
A mechnaic's lien on the other hand must be foreclosed via a lawsuit within 90 days of recording (however there is currently an argument (although untested) that Covid-19 related statute of limitations extensions extend this period). It may make sense to file an action early however to up pressure further. If you are owed money there is a good chance that there will be more unpaid claimants to compete with later on. Best to attempt to resolve your claim expediently.
If you require legal assistance email me at ryan@huntortmann.com for a free telphone consultaiton.
No. If you are a subcontractor, you need to record your lien within 90 days of the completion of the entire project or within 30 days of recordation of a Notice of Completion, whicheve occurs first. But, if you done, and not getting paid, you don't need to sit around for another year to record your lien and pursue the money owed. If you would like discuss, feel free to call or email.
Carlton & Alberola
and/or Andrew Carlton have not been retained by the recipient of the above
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and insufficient information. If you wish to obtain legal advice, please
contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.