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No 20 day notices

CaliforniaLien DeadlinesLien ReleasesPreliminary Notice

Hello, CA based home owner who had commissioned a fairly extensive Reno. Working with my primary CG has been fine. He has used a sub-GC for much of the work. Who in turn used multiple specific sub-subs/trades the sub-subs have not been paid by the sub-GC. the sub-gc has informed the sub-subs to file liens on the property. There have been 0 prelim 20 day notices. Much of the work was never fully completed by the sub-subs and is well over 5x months past now Q: am I protected since there was never a prelim notices and its well past 20 day notice? Q: What happens if a sub-sub files a lien without serving a prelim 20 day notice? Q: What should my steps be to dispute the false lien? Thx

1 reply

Jun 9, 2020
You are correct. Anyone who wishes to file a California mechanics lien must comply with the 20-day preliminary notice requirements. There are two exceptions to this requirement, (1) pure laborers (no materials provided), and (2) those who contracted directly with the property owner (unless there is a lender on the project). Failure to do so will preclude them from filing a mechanics lien. In any sense, the deadline to file a CA lien for all claimants other than prime contractors is the earlier of either: Since the project was completed 5 months ago, a lien filed at this point would be untimely and invalid. However, that doesn't mean it won't still be recorded by the county recorder's office. If a lien is filed after the deadline, an owner can send a notice demanding the release of the claim. This notice needs to be sent and comply with all of the requirements listed in §8100-8199. If the claimant does not remove the claim within 10 days, you can file a petition with the court under §8480 for the removal. If this is the case, I'd recommend contacting a local attorney to help guide you through this process. Here's an article you may find helpful:
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