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If our last day of work occurred after the date of substantial completion given by the GC, can I file a lien within 90 days of OUR last day of work?

We were provided with a date of substantial completion for a project; however, we continued to do work on this project after said date. Can I still file a mechanic's lien 90 days after our last day of work though the given date of substantial completion was established as earlier? The date of substantial completion was not given to us until it had long passed. No notice of completion/cessation was ever filed.

1 reply

Mar 10, 2020

In California, a party without a contract with the property owner must file a mechanics lien within 90 days from the completion of the project as a whole. However, if a notice of completion or cessation was filed, the deadline is shortened to 30 days from the date such notice was filed. Specifically, California statutes state that: "A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant ceases to provide work. (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation." California also defines "completion" and provides for several situations that constitute completion of the project for lien purposes. According to § 8180, completion occurs when there is any of the following:

Actual completion of the work of improvement.
Occupation or use by the owner accompanied by cessation of labor.
Cessation of labor for a continuous period of 60 days.
Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days.

Additionally, however, notwithstanding the above, if a work of improvement is subject to acceptance by a public entity, completion occurs on acceptance. If the only documentation of the "substantial completion" of the project is a date provided without any other documentation, and work was actually ongoing, it is likely that a claim of lien would not be time-barred (absent other evidence of the project's completion). Note, however, that the preliminary notice requirements (and other requirements) still apply in order to have a valid and enforceable lien.

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