Legal Question in Construction Law in California

When to file a mechanics lien?

How many days do you have to file a mechanics lien once you have completed your work at a constructioin project?


Asked on 6/30/08, 2:23 pm

1 Answer from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: When to file a mechanics lien?

It depends upon so many factors - (1) is this a public or private work? (2) are you a general or sub or supplier or other? (3) has a notice of completion been recorded? will it? (4) when was the last day you provided work, labor, material or supplies to the work of improvement? (5) if you are not in direct contract with the owner, then when did you serve your 20 day preliminary notice?

This area of the law is incredibly complicated.

The time limits vary depending upon the class of claimant.

The most common is the situation concerns a private work, and where a subcontractor is not paid by a general. Assuming that the subcontractor properly and timely served his 20 day prelim notice, then he has 90 days from the date he last provided materials/work/labor to the project in which to file/serve his mechanics lien. And then he has no more than 90 days to sue to foreclose on the lien, or it goes stale.

Again, this is a very, very brief overview, and this answer is by no means complete. Depending upon any number of facts, the result for your situation will change.

Consult a qualified real estate attorney before proceeding.

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Answered on 6/30/08, 2:45 pm


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