Home>Levelset Community>Legal Help>When does my 90 days to file start in this situation? From the last day we worked or from the day she emailed stating she wouldn't pay?

When does my 90 days to file start in this situation? From the last day we worked or from the day she emailed stating she wouldn't pay?

I+am+a+general+contractor+and+I+did+some+work+for+a+client.+The+project+was+not+finished+and+did+not+have+a+final+inspection+from+the+city.+We+were+emailing+back+and+forth+trying+to+get+back+in+to+complete+the+job+however+two+days+ago+the+home+owner+emailed+me+and+said+they+were+done+with+the+project+and+will+not+pay+the+remainder.+how+long+do+I+have+to+file+the+lien,+from+the+last+day+we+worked+or+when+she+emailed+me+saying+she+did+not+want+to+continue?

1 reply

Jan 12, 2018

A direct contractor must record his Claim of Lien after completion of the direct contract, and before the earlier of either 90 days after completion of the work of improvement, or 60 days after the owner records a Notice of Completion or Cessation. Keep in mind that completion includes: "(1) Actual completion of the work of improvement. (2) Occupation or use by the owner accompanied by cessation of labor. (3) Cessation of labor for a continuous period of 60 days. (4) Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days." So, if the owner asserts that the project is complete, "actual completion" or "occupation or use by the owner accompanied by a cessation of labor" may be present, and the deadline for filing a lien claim may be based on that date. Of course, if a Notice of Completion or Cessation is filed, that deadline will change.

0 people found this helpful

Helpful