Legal Question in Construction Law in California

Re: Can contractor get a judgement lien after mechanics lein is older than 90 days?

If the lien is more than 90 days old and no law suit has been filed within that 90 day period to foreclose the lien, it is stale and of no further force or effect. In fact, the property owner can force the lien to be cancelled since it is still a cloud on the title.

But..... If the property/project is still lienable, the contractor can file a new ldien and the 90 day period starts to run again. Alos, the contractor can file suit on the contract even though he cannot sue on the lien. Talk to a construction lawyer.

Lots of luck

E. Leoanrd Fruchter

Re: Can contractor get a judgement lien after mechanics lein is older than 90 days?

Yes, absolutely!

The sequence of events:

1. Job is completed, client doesn't pay.

2. Contractor records mechanic's lien.

3. Within 90 days, contractor sues.

4. A year or two later, the case goes to trial. LLC loses; judgment for contractor.

5. Contractor records judgment lien in county where LLC's property is. This lien will be good for ten years and can be renewed.

6. Contractor moves to foreclose judgment lien by execution on any or all of the LLC's property in that county - can be property other than that which the contractor worked on.

Moral of the story: a mechanic's lien is not the same as a judgment lien, but the former can turn into the latter if the contractor sues and wins.