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What are our lien rights when missing the 20 preliminary notice deadline in CA?

We are a sub-subcontractor providing temporary construction labor only on a large renewable energy site. The GC is self-providing , so our client (the subcontractor) and the GC are one and the same. We missed the 20 Day Preliminary Notice by 4 months. Do we still have lien rights?

6 replies

Feb 16, 2021

A preliminary notice captures all of the work, labor or services performed from the date of the service of the notice + 20 days back. If you are still working on the project, the Preliminary Notice will still give you lien rights on the work you are performing now. If you have not been paid for work that is more than 20 days before your Preliminary Notice, you still can sue for breach of contract against the contractor with whom you have a direct contract. I would also check to see whether there is a payment bond on this project, because you may be able to make a claim on that as well. Consult with a construction attorney to know what your rights are.

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Jul 15, 2022

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Sep 6, 2022

Thanks

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Sep 6, 2022

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Sep 6, 2022

https://www.levelset.com/payment-help/question/what-are-our-lien-rights-when-missing-the-20-preliminary-notice-deadline-in-ca/

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Sep 6, 2022

<a href="https://www.levelset.com/payment-help/question/what-are-our-lien-rights-when-missing-the-20-preliminary-notice-deadline-in-ca/">thanks</a>

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