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How can I make a claim if my mechanic lien was bonded off?

California

I'm a plumbing contractor that put a lien on a property. They have since bonded it off but I have not been paid. What is my next step?

3 replies

Jul 2, 2021

The lien being bonded isn't a bad thing. It means that a bonding company will pay you if you are entitled to the money. It's nice security. You still need to take the steps to foreclose the lien though and file a lawsuit. There are some strict time frames for that. Best to talk to a construction attorney to get that part done now that you've gotten this far. 

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Jul 2, 2021
You have 90 days from the date you recorded a lien to bring a lawsuit to enforce the lien. I suggest you contact a construction lawyer in your area immediately.
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Jul 5, 2021

You still have to sue to foreclose on the lien. The line is now secured by the bond, not the property. And in that suite, you have to prove all the elements of the case to show you are entitled to be paid. Same as for a lien that is not bonded off.

 

If you are in direct contract with the Owner, you should consider also claiming breach of contract as a cause of action; if not ,then adding the GC that subbed to you as a defendant in the suit as well should be considered.

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