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I filed a mechanics lien, they did not pay by deadline. What can I do next to secure payment?

CaliforniaMechanics Lien

Hi, I filed a Mechanics Lien against an customer back in 2018, their deadline was 2019, and they never paid. I thought the lien was still in place up until today but found out it's not. What can I do next to be able to secure or acquire payment? Can I resubmit/re-enforce Mechanics Lien?

2 replies

Apr 10, 2022

If the project is still going, you might have some mechanics' liens avenues. But more likely it's a straight breach of contract claim. Depending on the dollars at stake, that could be a small claims action, limited jurisdiction civil court, or a regular lawsuit.

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Apr 12, 2022
If the project was completed more than 90 days ago then it's too late to file a mechanics lien. Civil Code Section 8412. Once a mechanics lien is filed you only have 90 days to resolve it or file the lawsuit. Civil Code Section 8460. The proper course now most likely is filing suit based upon Breach of Contract. Assuming it is a written contract you only have 4 years from the date of the breach to file the lawsuit or you risk waiving your claim. See Code of Civil Procedure Section 337. Contact a construction law attorney to discuss your claim.
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