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Subcontractor Mechanics Lien Rights

CaliforniaLien ForeclosurePayment Disputes

Hi there, We were hired as a subcontractor by a General contractor to install a solar job. We have provided all licenses, insurance, and bonds to the GC to do the job only. Its been 3 months and we have not been paid on this job, (we are due on two jobs), we, the subcontractor, filed a mechanics lien on one of these jobs, but the GC has no intention of paying. What do we do? Should we proceed with legal action? Is my mechanics lien legit or can it be voided? How can I have protection if the GC comes against me for wanting to get paid? Not sure what happens next. Thanks!

4 replies

Sep 12, 2019
Good morning! Did you serve a preliminary notice upon the property owner and GC? --CN
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Sep 12, 2019
No, we did not.
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Sep 13, 2019
You should discuss your specific situation with a construction attorney to see if there is any way of getting around the preliminary notice requirement.  You also only have 90 days to file a lawsuit to enforce the mechanics lien or you have a stale lien which is problematic.  Even if you do not have a proper mechanics lien, you may be able to enforce your contract rights under the subcontract to get paid.
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Mar 13, 2020
I just wanted to follow-up on whether your company was paid on the solar project subject to your inquiry. If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued. Mike Ross Miller, Ross & Goldman mross@mrgpartners.com (512)275-6412 Direct https://www.mrgpartners.com/levelset
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