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Notice of Defaut filied but no notice of completion or cessation

Anonymous Contractor

Hello! We have a job that we have not been paid on and we were informed that the property has stopped receiving funds and it's looking like the property will be foreclosed. They have not filed a Notice of Completion of Notice of Cessation but they did file a Notice of Default. How many days from the Notice of Default do we have to file a mechanics lien?

1 reply

Chris Ng

Construction Lawyer

Attorney at Gibbs Giden Locher Turner Senet & Wittbrodt

| 370 reviews

Jan 22, 2020

Timing does not run from the "Notice of Default," but from actual completion of the project. The term "completion," however, is one that is often the subject of disputes. In your case, it may be that the project was suspended and such a suspension can also lead to "completion" triggering your deadline to record a mechanics lien. For example, if there are 60 continuous days of a cessation of work at the project, that constitutes a completion. This topic can get complicated as you might imagine so you might consider recording your lien sooner rather than later so you don't miss your window, and/or speak with a construction lawyer.

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