Legal Question in Construction Law in California
mechanics lein w/out pre lein
Can I file a mechanics lein if I didn't send a prelein? Contractor won't pay for lath service completed, then fired us from job before next phase. We are licensed in CA for lath/plastering. Contractor beating chest and threatening lawyers.
2 Answers from Attorneys
Re: mechanics lein w/out pre lein
You can always file a preliminary lien notice on a project. However, the lien rights will only be secured on work you did on the 20 days preceding the notice and any work you performed thereafter. Depending on your situation, it may not be too late to file the notice. If it is, then you can still maintain causes of action for breach of contract, unjust enrichment, etc.
The simple truth is that if everyone who threatened to hire a lawyer actually hired one, then we would all be too busy to answer questions on this site.
Feel free to contact us if you are serious about help.
Best of Luck.
www.SoCalConstructionLaw.com
George M.
714.904.1669
Re: mechanics lein w/out pre lein
1. Study and learn the lien laws to follow properly next time.
2. Now, if you are timely, file your lien and follow it up properly. If not, file your suit asap if you want any chance at collection.
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