I filed a lien on a job in Palm Desert, Ca and they are saying it is invalid because it was recorded after the 90 days. I filed the lien within the 90 days, but did not record until after. Is the 90 days calculated to the time of filing or the time its recorded? The completion date of the project that they have on the letter is also invalid. How do I get this corrected? Any more questions or clarifications, please dont hesitate to contact me, Thank you, Bryce Wilson BTW Construction Inc DBA Plumbing Solutions
Under normal circumstances, the lien must be recorded within 90 days of project completion. But there is currently an argument that because of the Covid-19 induced delays or recorders offices throughout the state, and the current extensions to statutes of limitations, that a lien is enforceable if filed in good faith within the 90 day deadline. This argument is mostly untested in court, but is being made at this time.
You should still move to foreclose the lien within 90 days of recording, although similar argument may be made with respect to the lien foreclosure deadline.
I am not sure about the completion date letter that you are referring to. If it is a notice of completion, that will reduce your time to record a lien to 60 days as a direct contractor or 30 days as a subcontractor.
If you require legal assistance, email me at ryan@huntortmann.com to schedule a free consultation.