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If I send an “unofficial” Mechanics Lien Release to GC & Owner, will I still be able to file at a later date?

CaliforniaCoronavirusLien ReleasesMechanics LienPayment DisputesRight to Lien

I am a subcontractor in California. I sent a certified mail copy of Mechanics Lien to the GC and Owner, but have not yet filed with County Recorder. GC told me sending a Mechanics Lien Release will not affect my rights to file a Mechanics Lien at a later date (job is not complete yet), and wants to settle after job is complete in two weeks. Is this true? Will I have enough time to file a Mechanics Lien after job completion (especially with COVID-19 shut downs)? Sorry, duplicate question with added tags!

1 reply

Mar 19, 2020
Yes. A Mechanic's Lien that isn't recorded isn't valid so you can always record the Lien later within the required time. For a sub, the required time means within 90 days of completion of the project (not just your work), If a Notice of Completion (NOC) was recorded by the owner (mostly on public jobs), then your lien period is shortened to 30 days from the NOC recording date. If the project is stopped due to the corona virus, then you may need to record the lien within 90 days of the shut down date to be safe.
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