I'm a GC completed working on a residential in California. My contract is signed with the tenants, but payment has been coming from the owner. We have exchanged a few emails (with the owner) but all work orders have been coming from the tenant. I have a few questions: 1. I did not file a 20-day prelim notice. Does that invalidate my right to a mechanics lean? 2. I stopped building their cabinets 98 days ago. The work was incomplete. But they officially sent me an email stopping the work 82 days ago. Did I miss my deadline? Does it count from when the work stopped or from when they asked me to stop? They having been living in the home the entire time. 3. Even though my contract and most communication is with the tenant, can I still file a lein against the owner's property?
There are some limited exceptions to serving a 20 day preliminary notice. They include situations where the tenant's lease with the landlord requires the tenant to do construction work with the landlord's approval. You will want to get a copy of the lease and consult with a construction attorney about whether you fit within the exception - it is fact specific.
The deadlines to record a lien are tied to the project as a whole; generally, you have 90 days to record after completion, or 60 days to record after the recording of a notice of cessation or notice of completion. If there was a continuous stopapge for 60 days, then completion occurred, and you have 90 days after the 60 days to record. However, if the work continued by the owner, it is possible that there is time to still record a lien.