We received a Notice of Wind Up and Liquidation of Company on a project. We have not been paid for work completed. Can we file a lien?
A notice of intent to lien in not required in California. The only reason to send one would be to attempt to apply pressure without the cost of recording and eventually the cost of releasing a lien.
You may be eliebile to file a lien if you performed work to improve the property and you either:
-Had a contract directly with the owner;
-Served preliminary notice within 20 days of commencing work;
-The owner had actualy knowledge of your work.
If you are eleible, you must record your lien within 90 days of project completion (by all trades) absent a notice of completion or notice of cessastion. If the project was not completed, a cessation of labor for 60 contiguous days also consistutes completion for lien purposes, triggering the start of the 90 day deadline.
If a notice of completion or cessation was filed, then you have 60 days from that notice if your contract is directly with the owner and 30 days from the notice otherwise, to record your lien.
If you require legal assistance email me a ryan@huntortmann.com to schedule a free consultation.