ESP is a general solar contractor. some of the projects can be extended for quite some time we installed the solar panels on the roof and don't have the opportunity to come back and finish the project for in excess of 90 days. this can occur when a main panel has to be updated and it requires some significant trenching Etc. my question is the project is incomplete We've not abandoned the project but we haven't been on site for a period of time But we are working on completing the project internally when is the actual 90 day clock start The last time we were on site or is there additional time sorry about the long question
It's all about "completion", which is not entirely clear. One answer is that, as a subcontractor, you have 30 days from recordation of a Notice of Completion (NOC) to record a lien, or 90 days after completion of the project (not just your scope of work, but the entire work of improvement) if no NOC is recorded. And, you must file suit within 90 days of recording the lien. If you contracted directly with the owner, you have 60 days from recordation of a NOC to record a lien, or 90 days after completion of the entire project if no NOC is recorded. Again, you must file suit within 90 days of recording the lien. According to the Code, on a private works project, completion is: 1. Actual completion of the work of improvement; or 2. Occupation or use by the owner accompanied by cessation of labor; or 3. Cessation of labor for a continuous period of 60 days; or 4. Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days; or 5. Acceptance by a public entity (if the work of improvement is subject to acceptance by a public entity). (See Civil Code § 8180) Good luck.