We are a subcontractor on the Glendora Public Market project where we filed an intent to foreclose on the private property. We've been notified by our General contractor that the Owner has responded by stating they will be filing a counter suit. We are not sure what that that means for this procedure or what would be our next step in collecting our payment. Our general contractor has made an offer for half of the amount due to close this project. Would like to get advice on whether to proceed or settle??
I'm thinking more information is required before advising on whether or not you should accept an offer. A big question is how much money are we talking about. As a subcontractor, you have significant leverage with a lien. As for the timing of things, you have thirty days from recordation of a Notice of Completion (NOC) to record a lien, or 90 days after completion of the entire project (not just your scope of work) if no NOC is recorded. You have to file suit within 90 days or recording the lien. I think you timely file your lien and a lawsuit, if necessary, and see how it goes. If you would like to talk, feel free to call. Good luck. Andrew