Home>Levelset Community>Legal Help>I'M IN THE STATE OF CALIFORNIA AND LICENCES C-8 CONTRACTOR. I INCOICED FINAL ALMOST 3 MONTHS AGO AND STILL HAVE NOT RECEIVED PAYMENT. THIS IS NOT INCLUDING RETENTION. THE PROJECT STILL HAS TO GET FINAL INSPECTIONS. SHOULD I FILE A LIEN AT THIS POINT.

I'M IN THE STATE OF CALIFORNIA AND LICENCES C-8 CONTRACTOR. I INCOICED FINAL ALMOST 3 MONTHS AGO AND STILL HAVE NOT RECEIVED PAYMENT. THIS IS NOT INCLUDING RETENTION. THE PROJECT STILL HAS TO GET FINAL INSPECTIONS. SHOULD I FILE A LIEN AT THIS POINT.

I'M IN THE STATE OF CALIFORNIA AND LICENCES C-8 CONTRACTOR. I INVOICED FINAL ALMOST 3 MONTHS AGO AND STILL HAVE NOT RECEIVED PAYMENT. THIS IS NOT INCLUDING RETENTION. THE PROJECT STILL HAS TO GET FINAL INSPECTIONS. SHOULD I FILE A LIEN AT THIS POINT.

1 reply

Dec 13, 2018

I'm sorry to hear you've been going unpaid - everyone deserves to be paid what they've earned. Before going further - I should note that I won't be able to provide you advice on how to proceed (such as whether or not you should file a lien). But I am able to provide some information that should be relevant in making that decision for yourself! Anyway, one of the first considerations when deciding whether to file a lien will be the timeframe. In California, the deadline for direct contractors to file a lien is after completion of the direct contract, and before the earlier of either 90 days after completion of the work of improvement; or 60 days after the owner records a Notice of Completion or Cessation. For those who do not have a direct contract, the deadline will be 90 days after completion of the work of improvement; or, 30 days after the owner records a Notice of Completion or Cessation. With that deadline in mind, it's also important to determine whether any preliminary notice is required on the job - if notice is required but not sent, the right to lien may no longer exist. In California, direct contractors only need to send notice to the lender if one is present on the job. For parties that were not hired directly by the property owner, notice must be sent to the property owner, the direct contractor, and the lender (if present). Notice must be sent by both direct contractors (where required) and other parties within 20 days of first performing work and/or providing materials. If notice is sent late, it will only be effective to protect the 20 days prior to sending notice, as well as the work provided after it. While these have been some of the top-of-line points to consider when deciding whether or not to send notice, there are some other considerations that might come into play as well - and zlien discusses many of those in depth here: California Lien and Notice FAQs. If you determine that a mechanics lien claim would be appropriate, this article may also be of use: How to File a California Mechanics Lien.

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