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Should I complete the job before I file a lien if most of the work is done, but I have not received progress payments?

CaliforniaLien on FundsMechanics Lien
Anonymous Contractor

I had multiple projects with the same client (different properties and different LLCs). Some of the projects are finished some are 90% finished and that was when I stopped work after realizing they are not sending any more payments. They had been paying incrementally every 7-10 days. Now that there is a big balance outstanding - should I just go ahead and complete the remaining work on the few projects then file a lien or should I just lien for the work completed?

1 reply

Partner at Flores Ryan, LLP
| 280 reviews
Aug 25, 2020

 It may make sense for you to complete the job before pursuing
your payment rights. The main reason is that this will reduce the possibility
for counter claims related to the fact that the work is not complete. But, it
really depends on your level of comfort regarding whether or not the equity in
the property is sufficient to secure your claim. If the project is underwater,
it might not be worthwhile to throw extra time and money at it, increasing the
amount of lien that you need. Whatever you decide, be sure not to perform any
work after recording your lien as this will invalidate the lien. Also watch
your deadlines. You have 90 days from project completion to record a lien (absent
a notice of completion which reduces the deadline to 60 days from the notice
for direct contractors and 30 days for everyone else).
 

If the project is not completed, a 60 day cessation of labor by
all trades will be considered completion and will trigger the start of the 90
day deadline. The owner also has the option of recording a notice of cessation
after a cessation of labor for 30 days, which reduces the lien deadline to 60
days from that notice for direct contractors and 30 days from that notice for
everyone else.
 

Once you file a lien, you have 90 days from recording to foreclose. 

If you require legal assistance, email me at ryan@huntortmann.com for a free consultation.
  

Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not
intended nor should be construed as legal advice for any particular case or client. The law is complex and the specific facts of your situation can cSee More...
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