Home>Levelset Community>Legal Help>what do i need to do if i already sent a preliminary notice?

what do i need to do if i already sent a preliminary notice?

Which is the next step after we sent a preliminary notice?

2 replies

Sep 9, 2020

The next step in the lien process would be to file a California mechanics lien. However, under Cal. Civ. Code §8414, "A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant ceases to provide work, (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation." To translate this a bit, unlike direct contractors (i.e. GCs) subcontractors have a mechanics lien "window" as opposed to a simple deadline. After ceasing work, and before the 90-day or 30-day deadline (as applicable). Therefore, it's possible for California subs to file their liens too early. They must have "ceased providing work," which also includes the work of their sub-subs also. For more on this, see:

0 people found this helpful

Helpful

Sep 10, 2020

The next step after sending the Preliminary Notice is to do the work and wait get paid. If you don’t get paid within the time required by the contract, you can then record a Mechanic’s Lien against the property. Sometimes it helps to have an attorney write a strong letter to the GC or owner demanding payment before you record the lien, if you have enough time. I’m happy to discuss this with you if you have any questions.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
F 650-588-7101

0 people found this helpful

Helpful