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What if the project was suddenly stopped or terminated by the owner and we weren't able to send a prelim notice on time?

CaliforniaMechanics Lien

(cont.) What if the project was suddenly stopped or terminated by the owner and we weren't able to send a prelim notice on time, do we / can we still send a prelim notice and then file a mechanics lien to the owner of the property? situation: we are a subcontractor and doesnt really have a habit of sending prelim notices to all the jobs, only a few with big contracts. I wasn't sure if i sent a prelim notice for this job that we have, but we were surprised that the general contractor was terminated from the project and the owner will not be paying anymore, which is causing the GC a problem since they have subcontractors and we are one of them. Now, since the owner is very stubborn, we have to file a mechanics lien to get the money owed to us. Since the termination was so sudden, can we still send a prelim notice and then file a mechanics lien? what will happen then? will we still get the payment?

1 reply

Apr 1, 2021
The preliminary notice requirement is a prerequisite to the right to record a mechanic's lien. Depending on how long you have been on the job, if you serve a Preliminary Notice right now, it will capture all services provided from the date of the notice, plus 20 days before the notice.
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