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Can I immediately file a Mechanics' Lien if owner gives us a cessation notice

California

Built ADU. Payment schedule was current. Owner's asked for additional work, Video Cameras, Electrical, Plumbing on their existing residence. Last payment comes due and the owner does not want to pay because they say we didn't give them change orders. We have e-mails and text messages confirming their needs. End of job, five (5) item punch list: install towel bar etc in bathroom, touch of paint on two doors and paint 1" x 30" area above portion of back splash they changed out. Sent out 20-day notice. Owner's sent notice of Cessation within days. Confirm that I can immediately record a Mechanics's Lien.

11 replies

May 15, 2020
Yes, you should record your mechanic’s lien after you have ceased to provide work and within 30 days after recordation of a notice of completion or cessation. See Civil code sec. 8414. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com
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May 15, 2020
I red somewhere that the Affidavit is supposed to have the USPS Confirmation Number included. Is this true? We have been in business for 35 years and the last Mechanics' Lien we did was 25 years ago. If for some reason we need to file a lawsuit I will give your office a call. I have everything in order with a spread sheet so it should make everything much easier.
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May 15, 2020
Sorry I READ. How embarrassing.
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May 15, 2020
I'm not sure what your mean by a "USPS Confirmation Number included." That said, the lien does need be served on (mailed to) the owner, via certified mail return receipt, before it is recorded. As for recording the lien, it needs to be stamped by the County Recorder's Office, in the County where the property is located, within 30 days after the notice of cessation is recorded - so get the lien recorded well in advance of the 30 day deadline. Once the lien is recorded, you have 90 days to file suit to foreclose on the lien. If you would like to talk or email, below is my contact info. Thanks, Andrew Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com
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May 16, 2020
Thank you
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