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What, if any, avenue can be taken for a ML filed over 90 days ago?

CaliforniaLien Deadlines
Anonymous Subcontractor

We are a subcontractor in CA that has been promised payment for well over a year. We filed a ML in April, but no response, no communication. It's understood, this project has been a problem child for numerous subs. Understood, we are past the 90 days to enforce the lien. Where does that leave us? Do we start all over?

2 replies

Partner, Construction Practice Area Leader at Manning & Kass, Ellrod, Ramirez, Trester LLP
| 40 reviews
Sep 1, 2021

Your lien is invalid and is not a viable avenue to get paid at this point. You can, however, send a demand letter and/or file a breach of contract lawsuit seeking the amount they owe you, interest, and attorneys' fees (attorneys' fees if your contract allows it). Most attorneys on here, including me, can help you with this and to fully explore your options.

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Mr. Dowsing is correct --- in addition, it is possible that if the project is still ongoing or recently completed, you may be able to release your stale lien and re-record a new mechanics lien.  

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