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What end date should we use? And is it adjustable?

CaliforniaPreliminary Notice

Last furnishing date should generally be the last date that the equipment is on site being used. If the equipment is just lying around on site waiting to be picked up, or if their customer is no longer being charged for the use of the equipment, that generally won't serve to push the deadline back. My follow up question to this is, if our leased equipment set for 12months is returned earlier or later than the “end date” entered into Levelset, how will that effect anything? Should we still enter the term date listed on the contract into Levelset?

1 reply

Jan 19, 2021

First, it's worth noting that California is a state that uses project completion, rather than last furnishing date, to set mechanics lien deadlines. CA equipment rental companies will have up to 90 days after completion of the overall project to file their lien claims. More discussion on that here: (1) When is the deadline to file a California Mechanics Lien?; (2) California Mechanics Lien Deadline | When Does the Clock Begin to Tick? ; and (3) Confusing Dates: What’s the Difference Between Date of Last Furnishing and Date of Substantial Completion?

Still, for determining last furnishing in other situations and states: A given project's last furnishing date is tied to when the labor, materials, or equipment were last furnished to the project, not to the relevant contract terms. So, if some equipment comes back early, the deadline should generally still be based on when the equipment was last used at the project site.

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