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Is the subcontractor's lien process valid?

CaliforniaMechanics Lien

I am a business owner for a project in California that has had a mechanics lien filed against it. An HVAC subcontractor began a job,and was unable to finish immediately due to an electrical issue. While resolving the electrical issue the HVAC subcontractor demanded payment. They stopped working in August of 2019. Our contract states that the amount due is payable on completion. My contractor has repeatedly asked them to finish the job to be paid, which they have declined. They filed a preliminary notice on 11/8/2019 and followed up with a Mechanics Lien on 11/22/2019 The Mechanics Lien is for the total amount due on the original contract. My questions are; Is the preliminary notice valid due to the timing? Is the job being incomplete pertinent? Can they claim the total amount due for an incomplete job? Thank you

1 reply

Jan 23, 2020
It appears the preliminary notice was served too late; thus, the subcontractors mechanics lien claim should be invalid in its entirety. —CN
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