hello, i'm a subcontractor (warehousing, trucking and install of FF&E) and i have been trying to get a change order out of the GC since January (with no response at all)....today they asked for close out documents and I told them I will not do it until i get the change orders and we are paid on them. they finally answered me today and said the owner has had them since February and has not approved them. can i start the lien process? what it is for is additional warehousing and additional trucks.
Absent a notice of completion, you have 90 days from project completion by all trades to record a lien (if a notice of completion is filed you will have 30 days from that notice). So you likely still have time to record a lien. Keep in mind that in California a notice of intent to file lien is not necessary.
You are eligible to record a lien as a subcontractor as long as you sent preliminary notice within 20 days of commencing work. If you failed to do so, you only have lien rights if you can demonstrate that the owner had actual knowledge of your work.
You may include in your lien the reasonable value of all labor, equipment, and materials that you contributed to the work of improvement. You may not include offsite costs such as offsite storage. If it becomes necessary to file legal action to foreclose your lien, you can claim these additional amounts in a separate breach of contract cause of action against your customer.
If you require legal assistance, email my at ryan@huntortmann.com to schedule a free consultation.