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Understanding subcontractor payment rights

California

In California what are the payment laws for change orders? Also, as a sub contractor when our contract/scope is complete does a mechanics lien need to be filed 90 days after our last day of work or when the GC completes the entire project?

2 replies

Mar 3, 2021
Your question about change orders is not entirely clear. I assume this is for a private project, as opposed to a public works project. Change orders are considered to be a matter of negotiation between the owner and contractor. The timing for a mechanic's lien is tied to when the project is completed. After you finish your work, you can record a mechanic's lien. Please note that the 90 day period can be affected by the recording of a valid Notice of Completion.
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Mar 4, 2021
Change orders are contract monies. As a subcontractor, you have 30 days from recordation of a Notice of Completion (NOC) to record a lien, or 90 days after completion of the project (not just your scope of work, but the entire work of improvement) if no NOC is recorded. You must file suit within 90 days of recording the lien.
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