Legal Question in Construction Law in California

Mechanical Lien

What is the time frame that a subcontractor has to legally place a mechanical lien against my home. We did recieve a prelim 20 day notice


Asked on 11/12/07, 4:45 pm

1 Answer from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Mechanical Lien

Generally, a sub contractor has 90 days after project completion to record a mechanic's l;ien. However, the actual date of completion is very subjective. it is defiend in California Civil Code section 3086 as:

1. occupation or use accompanied by a cessation of labor

2. acceptance by the owner of the work of improvement

3. cessation of labor for a continuous period of 60 days.

If the job is completed, you can shorten the time period to 30 days by recording a notice of completion within ten day tays of actual completion.

If the job is not completed and no work has been done for a continuous period or 30 days, you can shorten the time period to an additional 30 days by recording a notice of cessation of labor.

The mechanic's lien law is somewhat confusing and very time specific. For example, was the 20 day notice timely? it only applies to work done subsequent to 20 days before the notice is mailed.

If you have any further questions, you may contact me

E. Leonard Fruchter

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Answered on 11/12/07, 6:45 pm


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