Home>Levelset Community>Legal Help>If I'm an electrical contractor, hired by property owner, what must I do to file a mechanic's lien? In California it states that you only need a pulmonary notice to A lender if there is one
If I'm an electrical contractor, hired by property owner, what must I do to file a mechanic's lien? In California it states that you only need a pulmonary notice to A lender if there is one
Owner hired me to do some electrical work at his house and doesn't want to pay the invoice.
The only contract was the estimate for the work.
1 reply
May 3, 2019
That's a great question. In California, parties who were hired directly by the property owner generally don't have to send a preliminary notice (or any time of notice, really) prior to filing a mechanics lien. That is, unless a construction lender was present on the project. If the owner utilized a construction lender for the project, then preliminary notice must be sent to that lender within 20 days of first providing work to the project. It's worth noting, though, that many potential lien claimants opt to send a warning or threat before actually filing their lien claim. That's because mechanics liens are a drastic and powerful remedy, so the mere threat or warning of a lien claim is often enough to get payment talks going. Plus, the ultimate goal is for the claimant to be paid what they're owed - so, if that can be achieved without the cost and headache of an actual lien filing, many claimants find that option preferable. For more on that idea, this article provides a deeper look: What is a Notice of Intent to Lien? Further, keep in mind that there are specific deadlines and other requirements that California lien claims must adhere to. These two articles discuss California lien claims in depth: (1) How to File a California Lien; and (2) California Lien & Notice Overview.