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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?

CaliforniaMechanics LienPreliminary Notice

Owner is refusing to allow us to complete the job and is not paying.

1 reply

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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