im not getting my payments for this job and i need to send a lein waiver in on this job.
1 reply
Jul 30, 2021
The first thing you need to have done is mailed a preliminary 20-day notice. Assuming you provide the kind of work that creates a right to a mechanic's lien, those rights only apply to work done 20 days before the preliminary notice was mailed, and after. If you have not sent a preliminary 20-day notice, you don't have lien rights.
Assuming you have sent a timely preliminary 20 day notice, you can record a mechanic's lien with the county recorder's office. You may want to consult a lawyer to make sure all of this is done right.
If you have no lien rights, that does not mean you are not owed money. You still likely have viable claims for unjust enrichment or breach of contract. Its just that the money owed is not secured by a lien on the property.