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What can we do to get paid after filing a mechanics lien?

Anonymous Subcontractor

A mechanic's lien was filed 9/15/2020 in the state of California. I did not know that I needed to have an attorney enforce the lien with 90 days of filing. What can we do at this point to push for payment? Does the mechanics lien hold value still without enforcing it with an attorney?

2 replies

David Ginn

Construction Lawyer

Attorney at GinnLaw, P.C.

| 86 reviews

Apr 21, 2021

If you do not file a lawsuit within 90 days from the date you record a mechanic's lien, your lien is void. You still may have a claim for breach of contract against the party with whom you have a contract. There may be a payment bond on the project, and if so, it is possible that there may still be time to assert a claim against the payment bond, depending on when the project was completed. I suggest you consult a lawyer who is familiar with construction remedies to assist you.

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Andrew Carlton

Construction Lawyer

Legal Guard Lawyer

Attorney at Carlton & Alberola

| 93 reviews

Apr 22, 2021

Also, depending on the date of completion of the project, you may be able to record another lien.

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