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Home>Levelset Community>Legal Help>Owner filed claim on bond witheld $30,000 final. I waited until suit was ended one year ago. can i still file?

Owner filed claim on bond witheld $30,000 final. I waited until suit was ended one year ago. can i still file?

CaliforniaLien Deadlines

Job was mandatory seismic retro apt building. Was sold 3/4 before done with time stipulation to withold $30.000 .which i knew nothing about nor signed. New owner obstructed and interfered causing delays and exceding deadline claming he he owened previos contract plans and contractor and assumed authority to overide original owners contract fileing claim on bond and complaint with cslb and keeping balance of final payment. No wrongdoing found on my behalf. Question: there was no premlim or any filing other than permits and engineer reports. job was finished end of 2016 lawsuit ended end of 2017 can i still file lien after a year and recover the $30 000?

1 reply

Dec 12, 2018
I'm very sorry to hear about that - it sounds like an incredibly frustrating situation. In California, the deadline for a prime contractor to file a mechanics lien is before the earlier of either 90 days after completion of the work of improvement; or, if a Notice of Completion or Cessation is filed, the timeframe is shortened to 60 days after that filing. This deadline is strict - and the deadline won't be extended due to ongoing disputes or lawsuits. Of course, just because a lien claim might not be an option for recovery, that does not mean there aren't other options that could be effective to recover what's owed and unpaid. For more background on California's mechanics lien rules, this should be a helpful resource: California Mechanics Lien & Notice FAQs.
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