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I filed a lien on a project and the due date is today. What should I do now? Is there any way to extend the lien?

We are a subcontractor on a project in California. We filed a lien months ago and we believe today is the 90th day after filing the lien. It is hard to tell however as I don't know which date on the documentation to count 90 days after. Is there any way for us to extend the lien on the project? What are our options for this?

2 replies

May 27, 2021

You must file a lawsuit so the lien will not expire. When you file a mechanics lien, it is only a claim of lien. No later than 90 days from the date of the recording of the lien, you need to file a lawsuit to foreclose on the lien. Only after you get a judgment on the lawsuit, does it become an actual lien on the property. We file these suits all the time and can help., www.occonstructionattorneys.com.

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May 27, 2021

If the lien window is still open, you can file a second lien on the project. This would start the 90 day period over again. You would have 90 days from the recording date of the second lien to file a lawsuit to foreclose on the lien. The lien period is still open if no notice of completion has been recorded, and the project hasn’t been substantially complete in the last 90 days. I’m happy to answer any questions you have about this.

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