Legal Question in Construction Law in California

Lien for owner's non payment of work done

We have been told that a mechanic's lien, which has been filed, is only good for 90 days. What can a contractor do to further secure the thousands of dollars he is still owed by an LLC group who has not sold the home, nor payed for septic and foundation, as well as the garage


Asked on 2/11/08, 8:36 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lien for owner's non payment of work done

The contractor needs to refresh his mewmory on the training given him in preparation for taking the license exam, in particular Civil Code section 3115 regarding when the claim of lien may and must be recorded, and section 3144 providing that suit to enforce the lien by foreclosure must be brought within 90 days of the lien's recordation. In short, there is a window of time to record the lien and then another window of time to being enforcement. If the latter window is about to close, the contractor usually must commence suit to protect his rights; a contractual extension of credit may also extend the lien period in some cases.

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Answered on 2/11/08, 10:59 pm


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