We are a GC and have multiple projects in CA with same client. We have completed work other than some work related to delays in getting certain equipment to site/installed (currently working off of temp equipment or generators). Client has occupied and is using facilities. We/our sub(s) will have to go back to site to do final install of permanent equipment once it is available. We have a supervisory person rotating to the various sites during this time as well. What would our lien deadline be? 90 days when last of work (install of permanent equipment) is completed, the date the owner took possession/put to use even with this outstanding work or ? If we didn't have a supervisory person checking in routinely during this time, would a cessation of labor apply, which then would extend our lien deadline?
You typically file a lien within 90 days after the completion of the project - meaning, completion of the entire project. I recommend filing a Notice of Completion when the job is finally complete, so you can use that date as the basis for calculating your 90 days. If there is likely to be a dispute about when the work finished, then you should establish an evidence trail to help show you are on the correct timeline. For example, sending written communication to the customer indicating that the work is not yet complete, setting out the next steps/expected timeline for the final stages of the project, etc. to establish that the work has not yet been completed.
If you've filed a notice of completion or cessation, then the lien deadline for subcontractors and suppliers is shortened to 30 days from the date the notice was filed.