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We have material on the way but GC is refusing to pay for work Completed, can we Lien?

California
Stacy Donahue
Accounting at A&E Electrical Company

We have a GC who is refusing to pay for work completed but we still have material on the way to be installed. We haven't been on site since February but have not gotten a final and still have breakers on the way that we need to install. Can we lien?

2 replies

Hi Stacy,

From the information provided, and assuming you have a proper and timely prelim in place, you could theoretically lien for the value of the work completed (and materials installed), but not for the value of the materials on the way to the site. The issue, however, may be that if you still have work to do, you would be prematurely recording your mechanics lien which might invalidate the lien, requiring you to record a new lien when the subsequent work is completed.

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