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When to file an intent to lien a project?

California

I am a subcontractor on this a the Amazon Moorpark project. We have not received our November payment and are getting close to 90 days past due. Our customer, Storie & severson has told us they are expecting to be funded by March 1st. This is what we are told but have no guarantee. The general still has to issue us payment once they receive funding. When should be file the intent or the actual lien?

3 replies

Feb 18, 2022

Assuming you did all the preliminary notice stuff, you file the lien within 90 days of the overall project's completion. So you might have some time. Sometimes a lien can help move payment along and other times it can harm a relationship. It's probably worth it to speak with a construction lawyer about your options, which may be contractual too.

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Feb 18, 2022
Thank you for your response. We did submit our preliminary notices to all parties involved at the start of the project. Just to clarify, our 90 days begins the last day we are out on the project, correct? At this point, we still have some work to finish that will be done by the end of this month. So we still have some time. We also have change orders that have not been paid. I am mainly concerned with the November unpaid invoice and wanted to see how I could ensure protection on this payment. All I have right now is there word.
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Feb 22, 2022
If you have not done so you should serve a notice of lien on the contractor and owner
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