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Time Line for Construction Liens

I'm a GC and we hired a contractor to do substantial grading work for us on a residential project. He overcharged us and we clearly demonstrated that he had done so and also that he did not follow the engineering for the project. We explained this to him and attorneys got involved. At this point, we are 5 months and 1 day past the last day he did work for us. My concern is for my client. My understanding is that he needed to file a notice of intent by yesterday and since he did not, he losses his right to file a lien. Is this correct?

1 reply

Dec 20, 2021

Hello GC, Your analysis appears correct. Preliminary notice is usually required 60 days after first providing labor or materials to the owner. I do not see where you discussed this issue, but it may prove an additional defense to a lien claim. Notice of intent to lien is required 30 days before filing a lien, and a lien must be filed within 6 months from last providing labor or materials. I also see that your concern is for your client... but it is important to remember that where a lien is filed under 779 by any person other than the prime contractor, the prime contractor SHALL defend any action thereon at personal expense, and during the pendency of the action the owner may withhold from the prime contractor the amount for which the lien was filed and sufficient to defray the costs of the action. I'd be happy to discuss further. Feel free to contact me through my website, michaeljohnsonlegal.com

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