Legal Question in Construction Law in California

Re: Mechanic lien or Small Claim Court

First, I thank you for asking attorneys before just taking action.

Your right to file a mechanics lien derives from your provision of goods or services to real property. However, you may not file that lien beyond 90 days from the date of completion. If a certificate of completion was recorded in the County Recorder's office, then that timeframe drops to 30 days from date of recordation.

Also, you must serve a preliminary 20 day notice as a prerequisite to filing the lien. That notice tells the owner that your work could give rise to a lien. The notice covers all work done after the notice AND all work 20 days prior to the notice. Thus, if all of your work was done three months ago, and if you have not already served your 20-day notice, then you may not record a lien.

Aside from recovery against the property owner, you should consider seeking recovery from the property management agency that hired you. If you have a contact with them, consider suing under a breach of contract theory. However, note that this might strain your professional relationship, so consider how badly you need future work from this company before filing a lawsuit. An alternate path might be to open negotiations with a high-level manager in that company.

Good luck!

Re: Mechanic lien or Small Claim Court

It's more than a little late for filing a lien. You now would have to file suit against the mgmt company and property owner. If under $7500, file in small claims court. If a lot more than that, consult an attorney.