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Mechanic's Lien Timing / Notice of Completion / California

CaliforniaConstruction ContractLien WaiversMechanics Lien

Location: California / Sunnyvale Specifically 1. I am a subcontractor. I performed services and delivered materials. 2. I understand the following: The Claim of Lien must be filed at the earlier of:90 days after completion of the work of improvement; or,30 days after the owner records a Notice of Completion or Cessation. 3. Specific Question: If the 90 days passed after the work was completed AND then (after that 90 day period) the Notice of Completion was filed does that "restart" the clock to allow me to file a lien in the next 30 days after the Notice of Completion was filed? Or, if the 90 days passed after the work was completed am I not permitted to file that lien?

1 reply

Nov 22, 2022

Typically, a Notice of Completion is only valid if recorded within fifteen days of the actual completion of the work. As such, a late-filed notice would not extend or re-start the mechanic's lien deadline. That said, owners typically record a Notice of Completion to shorten the mechanic's lien deadline. If there was a dispute as to when work was actually complete, and the owner is declaring it was only completed recently, then they will be hard pressed to declare that a mechanic's lien is untimely. I suggest you record your lien and use the owner's stated completion date (unless doing so would prejudice you in some other way, such as affecting an insurance/bond deadline, giving a tax consequence, etc.).

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