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Is my lien deadline shorted if I just send a notice of completion and don't actually file it?

CaliforniaLien DeadlinesNotice of Completion

The California lien deadlines say that if a notice of completion or cessation was filed, the lien deadline is shortened to 60 days from the date such notice was filed. We are a restoration company that sends a notice of completion to the insurance company, but they don't "file" it anywhere, nor does anyone else. Does sending the notice alone shorten the deadline?

1 reply

Nov 11, 2019
Sending a document that signifies the project has been completed won't, in and of itself, act to shorten the deadline for filing a California mechanics lien. A contractor's deadline for filing a California lien mechanics lien will generally be 90 days after the completion of the work of improvement. And, as you mention above, this deadline may be shortened if a Notice of Completion or Cessation is filed. This refers to the official (but optional) Notice of Completion filing created at § 8182 of the California Civil Code. Under that section, an owner may record a Notice of Completion document with the county recorder's office, much like a lien would be filed, and the lien deadline will be shortened as a result. So, a contractor sending the insurance company or owner a Notice of Completion wouldn't impact the lien deadline - at least not in the sense discussed above. Note that when specific documentation is given that identifies when the job has been completed, that may well serve as the start date for the lien deadline which, again, will be 90 days from project completion without a Notice of Completion filing.

How to know if the lien deadline is shortened by a Notice of Completion

Regardless of the above, it's still natural to wonder whether you might end up blindsided by a shortened lien deadline due to an owner filing a Notice of Completion. Not to worry - the California Civil Code built-in protection at § 8190(c). In order for a filed Notice of Completion to impact the lien deadline, the property owner who files that notice must also send notice to their contractor that it was filed. And, if the owner fails to notify their contractor of the filing, then the notice won't be effective to shorten the timeframe for filing a mechanics lien.

Additional resources on California mechanics lien deadlines and Notice of Completion

I hope this was helpful! Here are some other resources that should be valuable to you when calculating California lien deadlines and Notice of Completion requirements: - California Mechanics Lien Guide and FAQs - How Do You Know If a Notice of Completion Was Filed on a Project? - Should You Monitor for a California Notice of Completion?
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