Lien rights

California

We are a subcontractor and the lien rights for a project are coming up and 6 liens have already been filed. We spoke to our GC and they already filed a lien against the owner and are supposed to receive a joint check from the lender and the owner and consequently will cut us a check for the amount that is owed to us. They advised us against filing our own lien because it would put us at the bottom regarding the order of creditors We have a good working relationship with the GC so we trust that they will pay us as soon as they will receive money but on the legal side, should we file a lien against the GC to be on the safe side?

1 reply

Apr 7, 2021
This is really a question for yourself and whether you have enough confidence in your GC to not record the mechanics lien. If the GC does not pay you, and your lien rights lapse, your only remedy will be your customer. Becuase the facts of each situation are different, you are consult a lawyer to determine what option is best for you.
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