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Private Works project: We are owed money from sub-contractor the was removed from project by the general contractor

CaliforniaLien Foreclosure

We have made a deal to accept portion of what is owed us with the General Contractor, which we have in writing. Now the GC is unable to fund the amount owed us until after the 90 days has expired in which to foreclose on our mechanics lien. Per GC the bank made him bond over our lien, and bank has told GC they will fund him 9-1-22 to pay us. Do we need to extend the lien, or what is our next step to protect our position?

2 replies

Aug 19, 2022

If you have a copy of mechanic's lien release bond in your possession, pursuing a lien is likely not necessary. You should talk to a construction lawyer and send him or her a copy of the release bond, so as to ensure it is actually that.

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Aug 19, 2022

You either have to file suit on the lien within 90 days of its recording or get and record a lien extension. DO NOT DELAY OR WAIT UNTIL THE LAST MINUTE!!!

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