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prelim and lien time restrictions

Anonymous Contractor

I got a contract and I filed a prelim in July 2017 ...around the end of September thrie was no more work to do until other trades had completed their work....I will be completing my end of the contract by the end of February. 2018...just wanted to check that the prelim is still binding as I would it assume be....are there ant time limitations I need to be aware for regarding filing a lien

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Jan 18, 2018

This is a great question. Generally, if all work is being done pursuant to the same contract for the same project, only one preliminary notice must be sent. However, if the work at the end of the project was not contemplated in the contractual agreement, things could become less clear. Regarding time limitations for filing a lien, lien filing deadlines must be strictly adhered to. In California, the deadline will depend on project role. A direct contractor must record his Claim of Lien after completion of the direct contract, and before the earlier of either 90 days after completion of the work of improvement; or 60 days after the owner records a Notice of Completion or Cessation. A claimant other than a direct contractor must record his mechanics lien after the claimant ceases to provide work, and before the earlier of either: 90 days after completion of the work of improvement; or, 30 days after the owner records a Notice of Completion or Cessation.

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