If you have a direct contract with the owner of the property, no 20-day preliminary notice is required to enforce a mechanics lien (unless there is a construction lender on the project.) If you are a subcontractor or your contract is with a tenant, then 20-day preliminary notice is required. However, you may have an argument that the owner is estopped from asserting failure to timely serve 20-day preliminary notice as a defense if you can prove that the owner had actual knowledge of your work. You will want to assert these positions and demand payment before the lien expires which is 90 days from recording. If you are not able to secure payment within this period, you will need to file a lawsuit to foreclose the lien to keep it from expiring. If the lien is invalid due to the preliminary notice issue, you still should have other causes of action against your customer.
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