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I need to find out how I can get paid for a job I didn't file the prelimenary lien notice for.

CaliforniaPreliminary NoticeRecovery OptionsRight to Lien

We did a job on a "residence" that was to be a convalescent home. The owner added a bedroom and three bathrooms. He specifically asked us NOT to pull permits, which we didn't. When Covid 19 happened, it destroyed his chance for opening the new facility. The job was completed in December last year. About three weeks ago the property was listed with a broker. I want to know if I can file a lawsuit against the owner to hopefully get him to pay? I would appreciate it if you can refer an attorney who can advise me regarding my options. Thanks in advance.

2 replies

Sep 14, 2020
If you were hired directly by this owner, then no preliminary notice would be necessary to preserve any lien rights. So, failing to send a prelim shouldn't negatively affect your rights in that situation. However, since you've selected "subcontractor" as your project role - note that Alabama subs and suppliers should generally send a preliminary notice called a Notice to Owner. Sending that notice generally means a "full price lien" will be available. For subs who fail to send a Notice to Owner, lien rights could still be available to some degree. Generally, Alabama subs who don't send prelims will still be entitled to an "unpaid balance" lien. Meaning, they'll still be able to file a lien to the extent that the owner hasn't paid their direct contractor. So, if you were hired by a GC, and if that GC didn't get paid, you may still be able to lien. Further discussion on full price and unpaid balance liens here: Full Price Lien or Unpaid Balance? Of course, keep Alabama's mechanics lien deadline in mind. If you were hired directly by the owner, then you'll have 6 months to file a mechanics lien. If you were hired by someone other than the owner, you'll have 4 months from last furnishing to file a lien. And, in either case, a Notice of Unpaid Lien must be sent before a lien can be filed. That notice acts more like a Notice of Intent to Lien than a preliminary notice. For full discussion on Alabama notices: Alabama Preliminary Notice Guide & FAQs.

Recovery options outside of the mechanics lien process

Obviously, mechanics liens are only one option for forcing payment. For one, sending demand letters that threaten legal claims like breach of contract could be useful. Actually pursuing legal claims - either with an attorney or via Alabama small claims court - could be useful, too. Or, sending the debt to collections could even be a sound last-ditch effort. Last but certainly not least - you can research and contact Alabama attorneys directly, here: Top Alabama Construction Lawyers. Each AL lawyer there has their own page where you can review their credentials and contact them directly via email.  
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Sep 21, 2020
Hi Matthew, not sure what information you have, but I'm not in Alabama, I'm in California. Please tell me how I can contact a lawyer in California. I want to speak with someone regarding my situation, not an email conversation. Thank you steve cavenee 714-305-9896 cell
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