Legal Question in Construction Law in California
What would be the deadline to file a mechanic lien on one's property if 12/30/2010 was the date of completion? or does that matter?
2 Answers from Attorneys
If you are an original contractor (contracted with the owner), the mechanic's lien must be recorded after your contract is complete, but not more than 90 days after completion of the entire project (if no Notice of Completion was recorded). If a Notice of Completion was recorded, the mechanic's lien must be recorded within 60 days.
If you are a subcontractor, the mechanic's lien must be recorded after finishing your work, but not more than 90 days after completion of the entire project (if no Notice of Completion or Notice of Cessation has been recorded). If a Notice of Completion or Notice of Cessation has been recorded with the county, the mechanic�s lien must be recorded within 30 days.
If you are a contractor attempting to collect, and you have missed these deadlines, all hope may not be lost. There may still be other viable claims upon which you could sue in court.
December 30, 2010 is now about a year and a half ago, way too long to initiate a mechanic's lien, but well within the four-year statute of limitations for a conventional lawsuit based upon breach of a written contract. That's your option now.
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