Home>Levelset Community>Legal Help>So, if we as the general contractor contracts directly with the homeowner, and no lender is involved, can we file a mechanics lien for the amount still owing by the homeowner?
So, if we as the general contractor contracts directly with the homeowner, and no lender is involved, can we file a mechanics lien for the amount still owing by the homeowner?
Owner is refusing to allow us to complete the job and is not paying.
Jul 20, 2018
It appears that your question is with respect to the ability to file a valid lien if no preliminary notice was sent.
If that's the case, California only requires parties who contract directly with the property owner to send a preliminary notice to the construction lender (if there is one). For a project in which no lender was involved, there is no preliminary notice requirement for a direct contractor necessary prior to filing a lien.
The lien, however, must be filed within 90 days from the end of the project as a whole, or within 60 days of the date on which the property owner files a notice of completion/cessation if one is filed.
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