Legal Question in Construction Law in California

Mecanics Lien

I am a general Contractor who has completed a project for a developer. the project is almost a year old now and i have still not been paid. can i still file a lien against the property. is there a dead line if so what is it?


Asked on 11/04/08, 11:37 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Mecanics Lien

You must file your mechanic's lien with the County Recorder within 60 days after date of recordation of notice of completion or cessation or within 90 days after completion (or 60 days cessation) whichever period expires first.

You still have the right to sue for breach of contract and get a money judgment and place a judgment lien on the property. A money judgment will also let you go after other assets of the developer such as bank accounts or other projects.

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Answered on 11/04/08, 11:46 am
Terry A. Nelson Nelson & Lawless

Re: Mecanics Lien

The state contractor's license exam covers all those issues. Either reread the books or get an experienced attorney to bring you up to speed on your rights and remedies. You're too late to lien on this one, but you can still sue; you just lost your power to enforce payment upon sale of the property by your failure to follow the rules and time limits.

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Answered on 11/04/08, 2:07 pm


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