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I submitted a question on 7/2/18, and received a response from Matt Viator on 7/3/18 (both of which are copied below). My question has to do with the Notice of Termination. Our company never filed a Notice of Contract with the county recorder's office, so I understand that the subcontractor must file their lien within 60 days from the date our company filed a Notice of Termination. Our company issued a written Notice of Termination to the subcontractor on 5/17/18 but did not file a Notice of Termination with the county recorder's office until 7/2/18 (primarily because we did not know about the need to record such notices). I just want to make sure that the critical date for starting the 60-day lien filing period (for the subcontractor) is still 5/17/18. Please confirm, thank you. Subcontractor lien rights in Louisiana - submitted 7/2/18 Deadlines Right to Lien State: Louisiana Our company completed a private project in Louisiana as a general contractor on 6/26/18 (substantial completion). Our company hired a subcontractor to perform a specific scope of work as part of this project. We later had to terminate the services of the subcontractor due to multiple performance and schedule issues. The subcontractor abandoned the jobsite on 5/11/18, then we filed a Notice of Default with the subcontractor on 5/15/18, and finally filed a Notice of Termination with the subcontractor on 5/17/18. Our company then had to complete the specific scope of work of this subcontractor, and complete the overall project. My questions: 1. What lien rights does this subcontractor have against the owner property, and 2. What are the deadlines for the subcontractor to file a lien? Our company has filed a Notice of Completion with the local parish clerks office for the overall project based on completion date of 6/26/18 and a Notice of Termination with the local parish clerks office against the subcontractor in question for their specific scope of work based on termination date of 5/17/18. Answered 7/3/18 Matt Viator Legal Associate zlien Under § 4802 of the Louisiana Revised Statutes, subcontractors are entitled to a mechanics lien "for the price of their work." Of course, when that workmanship is in dispute, there may be question as to whether they're still entitled to file a lien for their work performed. A subcontractor might be able to actually file a lien based on the price of their work. However, if that lien were challenged or if it came down to a lien enforcement action, a party who had to perform remedial work to cure issues caused by their sub might be able to argue that nothing is owed. If the subcontractor did not, in fact, add value to the work of improvement, it might be a valid basis for challenging the filed lien. Regarding deadlines - Louisiana's lien filing deadline can be tricky. If a Notice of Contract was filed, subcontractors must file their lien within 30 days of the filing of a Notice of Termination. If a Notice of Contract was not filed, a subcontractor must file their lien within 60 days of the filing of a Notice of Termination. In the instance where a Notice of Termination was not filed, that timeframe will instead run from the substantial completion of the work....Read More
Anonymous Contractor
1 answerAdd commentJul 5, 2018
LouisianaLien DeadlinesNotice of CompletionNotice of Termination
CofO was issued on 4/1/19 for a self storage project in Austin, TX that we were the general contractor on. Is it in our best interest to still file the Affidavit of Completion now? Do I use the 4/1/19 date for the completion date?...Read More
Anonymous Contractor
1 answerAdd commentMay 22, 2019
TexasNotice of Completion
We obtained C of O 4/1/19 for a project in Austin. Should we still file a NOC now and how does that impact lien rights of our subcontractors? I just asked a similar question about the Affidavit of Completion....Read More
Anonymous Subcontractor
1 answerAdd commentMay 22, 2019
TexasLien DeadlinesNotice of Completion
I have passed all final inspections, and the owner holds the balance, I have sent him a notice of intent to lien, but he still does not want to pay. Do I need to send him a notice of completion before I file Mechanics Lien to the owner? Thanks,...Read More
Anonymous General Contractor
3 answersAdd commentAug 17, 2019
CaliforniaLawsuitMechanics LienNotice of CompletionNotice of Intent to Lien
I have a question regarding the notice of completion. The final inspection was done just a few days ago. My question is, how could I possibly provide a copy of the recorded NOC to all potential lien claimants if I don't know who they are? Would it be sufficient to express mail it to just my GC? If I don't send it to all the subcontractors, do I still get protected from them filing a lien after 30 days? My property is located in San Luis Obispo County, CA. I called the County Recorder office to ask about the Notice of Completion filing procedure and processing fee. At first, they didn't know what kind of form it was, had no idea about the form's purpose, then the calculated the charge of over $100.00, then they said that it takes 3-4 weeks to process. It makes me a little nervous, please advise, thank you so much!...Read More
Anonymous Property Owner
4 answersAdd commentAug 22, 2019
CaliforniaNotice of Completion
I am the owner who wishes to file the Notice of Completion. The last paragraph calls for the form to be “verified,” meaning a sworn declaration by an authorized person as to the truthfulness and accuracy of the information supplied. Who could be an authorized person? Could I be an authorized person as a co-owner? Thank you so much!...Read More
Anonymous Property Owner
2 answersAdd commentAug 22, 2019
CaliforniaNotice of Completion
We have rarely ever received Notices of Completion at the end of a job, even when we send a preliminary notice which formally requests it. Is our timeline to file a lien still shortened to 30 days even if we don't receive a copy of the Notice of Completion? What if the property owner files a Notice of Completion but does not send us a copy and we file a lien after the 30 days but within the 90 days - is our lien still valid?...Read More
Anonymous Subcontractor
1 answerAdd commentAug 27, 2019
CaliforniaLien DeadlinesMechanics LienNotice of Completion
We're the GC in Illinois for a project in the state of CA. The project started 11.26.18 and completed in 04.24.19. We did not file a Notice of Commencement. ...Read More
Anonymous General Contractor
2 answersAdd commentSep 16, 2019
CaliforniaNotice of Completion
I have done business with regular contractor's and filed prevailing wages. Now we are doing a job for a Hospital, do I still need their DIR Number to file with the State. hey hired us before we could do any preliminary filling - no DS140 or DS142. How should I proceed to be in compliance?...Read More
Anonymous Contractor
1 answerAdd commentOct 2, 2019
CaliforniaNotice of CompletionPrevailing Wages
We have performed work on a commercial building in Lake County< IL. 1. Notice of lien rights was not served upon beginning work. 2. Additional work was performed more than 4 months after the original contract work was completed, but less than 90 days of completion. 3. Are we still within the 90-day period to provide notice of lien rights, including notice of intent to lien? Section 6 of Illinois 60 Mechanics Lien Act stipulates, "...work done or material furnished within 5 years from the commencement of said work..." Section 7 stipulates, "...unless within 4 months after completion, or if extra or additional work is done..." and continues with, "...within 4 months after the completion of such extra or additional work...bring an action to enforce his lien..." "...Such claim for lien may be filed at any time after the claiman's contract is made...and within 2 years after the completion of the contract...or any extra work." ...Read More
Anonymous Contractor
1 answerAdd commentOct 8, 2019
IllinoisConstruction ContractLien DeadlinesMechanics LienNotice of CompletionNotice of Intent to LienRight to Lien
A preliminary notice was given, but we have know idea if a notice of completion was done. Looking at clerks recorder office a notice of completion was filed but I do not know how to tell if it is our site....Read More
Anonymous Contractor
2 answersAdd commentOct 29, 2019
CaliforniaNotice of Completion
In Tennessee, can an owner who is paying cash to their contractor move into the new house before getting the notice of completion? We have problems noted by a home inspector and also a mold inspector. We are 16 months into a 9 month contract. The builder is breach of contract and his negligence caused the problems and mold. ...Read More
Anonymous Contractor
1 answerAdd commentNov 9, 2019
TennesseeNotice of Completion
The California lien deadlines say that if a notice of completion or cessation was filed, the lien deadline is shortened to 60 days from the date such notice was filed. We are a restoration company that sends a notice of completion to the insurance company, but they don't "file" it anywhere, nor does anyone else. Does sending the notice alone shorten the deadline?...Read More
Anonymous Contractor
1 answerAdd commentNov 11, 2019
CaliforniaLien DeadlinesNotice of Completion
I am a sub-sub on a commercial project in CA. Originally, I put in my last day on the job to trigger the lien deadline, but now that's two days away and I'm not sure if I should wait to see if there's been substantial completion or if the Notice of Completion has been filed. I don't want to file the lien too early and damage my relationship with the GC, but if I wait to hear and they never tell me, I don't want to be left unprotected. ...Read More
Anonymous Contractor
1 answerAdd commentNov 18, 2019
CaliforniaLien DeadlinesNotice of Completion
Typically, we work as a subcontractor on construction projects in California. Our work is usually completed at the beginning of the job. This means we may have months go by after our work before the full job is completed. All the while, there may be some money owed to us waiting until the end of the job. Especially retainage. We often are moved onto other projects pretty quickly and this money can start to pile up. It's hard to keep track. While mechanics lien rights could be useful to us, we don't know when notices of completion are filed, and therefore, when our lien rights window opens/closes. What are some best practices for us here? And can sending preliminary notice help?...Read More
Anonymous Contractor
1 answerAdd commentNov 18, 2019
CaliforniaLien DeadlinesNotice of CompletionPreliminary NoticeSlow PaymentSubstantial Completion