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Home>Levelset Community>Legal Help>I am a general roofing contractor. There is no lender on the project. Customer is not paying. I am past the Preliminary Lien time period because we understood that we do not have to prelim in this situation. Can we still file a Mechanics Lien

I am a general roofing contractor. There is no lender on the project. Customer is not paying. I am past the Preliminary Lien time period because we understood that we do not have to prelim in this situation. Can we still file a Mechanics Lien

CaliforniaLien DeadlinesMechanics LienPreliminary Notice

We are the general. Were told do not need to file a pre lien and that date has passed. There is no lender. Can we still file a mechanics lien?

1 reply

Jan 4, 2018
Thank you for the question, and I'm sorry to hear about your situation. A contractor who contracted directly with an owner is not required to send preliminary notice where no lender is present. Even where preliminary notice is not a prerequisite for filing a lien, the lien must still be filed within the filing deadline - for a direct contractor, this will be before the earlier of either 90 days after completion of the work of improvement or 60 days after the owner records a Notice of Completion or Cessation. If no preliminary notice was required and the lien filing deadline has not yet passed, lien rights will generally still be available.
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