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Can I file a lien in CA if I missed the 20 day window to file the preliminary notice?

California

We're a contractor self-performing hardscape work on a project and we did not file a preliminary notice within 20 days of starting the job. We are now a couple months into the job and have stopped work on it because the client has not paid. We will be hitting our 90 days from being on the site by March 28th and are wondering what our options are. We have sent a letter of intent to lien but would like to understand all options available to us.

2 replies

Mar 4, 2022
If you contracted directly with the owner, then you don't need to serve a 20-Day Preliminary Notice (CC 8204). If a prime contract, and you're the prime contractor, then need to file within 90 days of completion. (CC 8412). If a HIC contract and you're the GC, then need to have included the "Mechanics Lien Warning" notice with the original contract. See B&P 7159. If a GC and missed the mechanics lien cut off dates, you can still sue based upon breach of contract. 4 years if written, see CCP 337. Two years if oral, see CCP 339. If you're a subcontractor and missed the cutoff dates, you may be limited to only going after the GC. Regardless, it usually helps to discuss directly with a construction law attorney to determine the best way to proceed.
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Mar 4, 2022

You can serve a notice of lien anytime before you complete the work on the project.

 

But the lien will only cover the work performed from 20 days before the notice was served until the end of the project.

 

If you completed all work before providing notice, then you would not have lien rights

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