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If we provided labor only (no product), can we file a lien if we did not file a preliminary notice?

CaliforniaPreliminary Notice

We have a $46,115.00 contract to supply labor services only at a new construction Hampton Hotel in Rancho Cucamonga. Our CA. license #823132. We started work in Oct. 2021. We did not file a pre-lien. We have completed our contract work but have not received payment on any of our invoices. Due to the fact that this contract was for labor only, are we entitled to file a lien?

4 replies

Jan 20, 2022
Depends upon if you were a prime contractor or a subcontractor. If you were a prime contractor and included a Mechanics Lien Warning Notice in your contract with the owner, then you may be able to file a Mechanics Lien. If you were a subcontractor then you would have to pursue your legal remedy from the prime contractor. See Civil Code Section 8200.
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Jan 20, 2022

If you were a subcontractor, your options for a lien are nonexistent. Your next option would be a breach of contract claim against the contractor that hired you. 

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Jan 20, 2022
Thank you for the quick response. Much appreciated!
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Jan 20, 2022
Thank you for the quick response. Much appreciated!
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