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Notice of Intent to Lien

Hello, I need to send a notice of intent to lien to my client. However, I need to know what amount to include because my supplier already lien the job. Also, I have unbilled retention. I need to know if I should include the amount due to the supplier too and the unbilled retention. Please advise. Thank you, Rhonda

1 reply

Apr 30, 2020

Per Civil Code section 8430, you may include in your mechanic's lien "the lesser of the following amounts: (1) The reasonable value of the work provided by the claimant. (2) The price agreed to by the claimant and the person that contracted for the work.” Thus you may include retention in your lien, or notice of intent to lien, provided that the retention included is associated with work already provided. Remember though, while you can send a notice of intent to lien before concluding your work, you may not actually record a lien until either your work is complete or you are suspending work - at least until you are paid. This is because preforming additional work after recording a lien will invalidate that lien. If you do record a lien and need assistance foreclosing I can assist. To schedule a free consultation email me at ryan@huntortmann.com.

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