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Home>Levelset Community>Legal Help>Is it legal to add old invoices to prelim if they predate P.N. by more than 20 days & use that to file Mechanics Lien?

Is it legal to add old invoices to prelim if they predate P.N. by more than 20 days & use that to file Mechanics Lien?

CaliforniaMechanics Lien

I'm a homeowner whose GC did not obtain written change orders from his grading subcontractor even though his contract required all changes be in writing. Those charges are in dispute & no prelim notice was sent. Sub-contractor subsequently sent a preliminary notice 12+ months into the project for a second contract on another phase of the job; that prelim has scope of work & price clearly specified. Sub has been paid in full for the 2nd contract covered by the prelim. Sub has now falsely filed a Claim of Mechanics Lien for the contested T&M invoices using the "new" Preliminary notice that was specific to the 2nd contract. All contested work predates the P.N. by more than 20 days. The invoice amount noted on Mechanics Lien is more than double the amount on the prelim and in no way related to that work. Can we stop the Mechanics Lien from being recorded if the amount specified on the Preliminary notice has been paid in full? (Our GC is undergoing cancer treatment.)

1 reply

Jan 13, 2022
It is unlikely that you will be able to prevent the recordation of the mechanics lien, but it sounds like you have a good basis to object to the mechanics lien if the subcontractor elects to file a lawsuit to foreclose on the lien. The subcontractor has 90 days from the date of recording the mechanics lien to file a lawsuit. If a lawsuit is not filed within 90 days, then the lien is not considered enforceable. I suggest you consult with a lawyer concerning the specifics of your situation.
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