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How long do I have to file a Mechanics Lien in California after I receive a Notice of Completion?

California

I am working with the Contractor I subed the work from and the GC on getting paid. I do not want to lose my Lien rights. What are the main factors in losing my Lien rights?

1 reply

Mar 1, 2021

I love your question: What are the main factors in losing my California lien rights? This is a great way to think about this. On commercial and residential jobs in California, here are your main things to keep in mind and attend to.

#1) Did you send a preliminary notice on time?

You need to send a "preliminary notice" in California to preserve your lien rights. This must be sent to the general contractor, to the property owner, and to the lender (if there is one).  

You need to send this within 20 days of when you started doing work. There are scenarios when you can send this late . If you send it late, it will only protect you for work you did starting 20-days back from when you sent the notice. So, if you send the notice today, it would protect work you did in the past 20 days onward.

Did you send a notice? Then, you're doing great! If not, and you have time, send the California preliminary notice now (its free through Levelset).

#2) File your mechanics lien within 30 days of when a notice of completion was filed

Your question states that you received a Notice of Completion. If a Notice of Completion was filed on the job, then you are ON THE CLOCK to get your California mechanics lien filed...and you don't ha ve long.

You only have 30 days (from the date the notice was filed)!

The normal timeline in California is 90 days. But, when a notice of completion is recorded, then the timeframe shortens to 30 days.

So get moving! You can file a California Mechanics Lien through Levelset here .

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