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Question about re-filing mechanics lien #3676466

CaliforniaLien DeadlinesLien Foreclosure

We filed paperwork on order #3676466 for mechanics lien and notice but not sure if deadline passed from 7/29/20. We want to enforce so not sure if need to re-do all lien and notice docs. Please advise. Nik

1 reply

Nov 16, 2020

Generally speaking, a California mechanics lien, once filed, is only valid for a period of 90 days after the claim was filed. If no action to enforce/foreclose has been initiated within that time frame (or an extension of credit filed) then the claim expires and is no longer enforceable. Once a claim expires, the lien rights for the labor and/or materials that were the basis of the claim also expires. Which is why its so important to keep an eye on your lien deadlines.

However, that doesn't mean you don't have any other legal remedies available to you, most notably claims against your hiring party for breach of contract, unjust enrichment, and claims under California's Prompt Payment Act.  

Here are some resources you may find useful:

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