Home>Levelset Community>Legal Help>I didn't file a Preliminary Notice and we finished the job about 30 days ago without getting paid. What are my options? can I still file a Mechanics Lien?
I didn't file a Preliminary Notice and we finished the job about 30 days ago without getting paid. What are my options? can I still file a Mechanics Lien?
Have only received partial payment on a job that owes us $37,655. I have all of the proposals and change orders all of which were delivered to GC and homeowner.
1 reply
Dec 14, 2018
In California, every potential lien claimant (except wage laborers) must provide a preliminary notice in order to retain the ability to file a valid and enforceable mechanics lien. Parties who contract directly with the property owner are only required to give the preliminary notice to the contraction lender (if any).
In order to be fully protected, the preliminary notice must be sent within 20 days from the first date the claimant furnished labor or materials to the project. The notice may resent later, but it only protects amounts furnished beginning 20 days prior to the date on which the notice was sent. If the notice has not been sent and more than 20 days have elapsed since the potential claimant ceased furnishing labor or materials to the project, no valid lien rights exist.
However, to the extent that a claimant contracted directly with the property owner, and there was no construction lender, no preliminary notice is required, and a lien may be filed within 60 days from filing of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work as a whole.