I need direction on whether to cancel first lien for perrrazzo and re lien
1 reply
May 29, 2019
I'm sorry to hear that you've had to file a lien here. Let's look at the California lien and notice requirements, then we'll explore if and how a filed mechanics lien might be modified.
In California, in order to file a valid and enforceable mechanics lien, most parties must send preliminary notice. The notice must be sent within 20 days of first furnishing work to the project, but late notice can still be effective to a lesser degree (more on that below). Everyone who does not have a contract with the property owner must send the California 20-day preliminary notice to the owner, the prime contractor, and the construction lender (if one is present). If hired directly by the property owner, preliminary notice only needs to be sent to the construction lender (if one is present). Finally, it's worth noting that laborers in CA do not need to file mechanics liens.
If notice is required, but not sent, a subsequently filed mechanics lien will very likely be deemed invalid and unenforceable. As mentioned above - there is some opportunity to send late notice. A 20-day preliminary notice that is sent late will still be effective to preserve lien rights for the 20 days before the notice was sent as well as all the work performed after notice is sent. So, if notice wasn't originally sent as required, there's a chance to preserve some lien rights.
As for correcting information on a previously filed lien claim, the California Civil Code does not specifically allow for the amendment of mechanics lien claims to fix issues present with the original lien filing, but lien amendments are generally an accepted practice. Of course, that doesn't necessarily mean amending a lien is impossible, either. But any attempt to amend a lien filing would need to be made prior to the original filing deadline.
As mentioned in the above question, to correct an issue on a lien filing, refiling a lien and releasing an originally filed (but flawed) lien might be an option, as well. But again - such a filing would need to take place prior to the CA mechanics lien filing deadline.