Legal Question in Construction Law in California

Re: Mechanic's lien

A preliminary 20-day notice has to be mailed within 20 days of the provision of materials for the work. That is to day, the notice relates back for 20 days. Your comment doesn't provide enough information to determine if the lumber yard has a legitimate mechanic's lien claim. This is for (principally) two reasons - (1) if the preliminary notice is more than 20 days past the date of delivery, and (2) if the claim is now over 90 days past the date of completion of delivery (or 30 days after a Notice of Completion). The distinction between small claims court and superior court is generally based upon the value of the contract claim. However, a small claims court doesn't have jurisdiction on the mechanic's lien claim so the filing would have to be in superior court (limited jurisdiction if the amount at issue is small). Please contact me if you wish further assistance. Bill Bresee

Re: Mechanic's lien

i have been doing mechanic's lien work on all sides of the fence for over 30 years in the s.f. bay area as well as taught real estate law at golden gate -- this is a purly statutory area and it is fact driven -- mr bresee has hit it on the head but there are questions still to be asked --- hopefully you still owe the contractor some money and he is liscensed. call me at 510-465-6000 if you need further advice or possibly an attorney who might take your case

Re: Mechanic's lien

You are referring to a Preliminary 20-Day Notice, a prequisite to filing nearly every type of mechanic's lien. The the preliminary notice is valid if provided within 20 days of the delivery of the lumber. Unless you personally guaranteed payment to the lumber supplier, their only remedy againt you is to file a a mechanic's lien and then file a lien foreclosure lawsuit in Superior Court. The cannot sue you for money damages in small claims court.