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Retention Payments & Lien

California

If you have to bill out retention on a job, but can't submit your bill to the contractor until all subs have finished their respective work, how does that work if you end up having to lien? We have a contractor who we submitted a retention invoice to on 7/7/20, but we completed all our individual company work on 4/1/20. Are we able to lien on the retention amount being the work was over 90 days old? Or would our timeline start at the retention submission stage if the contractor couldn't accept our bill until all subs have completed on the jobsite?

1 reply

Sep 17, 2020

I don't know why you think you can't submit your billing until other subs finish their work? Anyway, record a lien before the expiration of 30 days after a NOC is recorded, or 90 days after completion, if you're not paid. You have 90 days thereafter to file suit to foreclose on said lien. I would be glad to further discuss, if you like: 949 954 6666 x101. Thanks, Andrew

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