Legal Question in Construction Law in California

Re: Mechanics Lien Extension

The contractor cannot unilaterally extend the lien without obtaining your voluntary signature on the extension of credit. If the 90 days has passed, the lien is stale and you may file your petition.

A general contractor may file a lien clai with County Recorder within 60 days after date of recordation of notice of completion or cessation or within 90 day after completion (or 60 days cessation) whichever period

expires first. If the old lien is stale and there is still time to record a new lien, that is perhaps how the "extension" was achieved. You might want to check with a title company or the county recorder to confirm this.

You can also bond around the lien, but the petition process is cheaper. I've done this type of petition before, so feel free to contact my office if you need further assistance.

Re: Mechanics Lien Extension

Lien is stale. An extension requires your express, written consent. Since you did not provide it, you can now file a Petition to Expunge the lien. This is filed in Superior Court, and the court can order him to pay you up to $2,000 in attorney's fees for your trouble.

Once you obtain the order, you then get two copies issued by the court, one certified (to be recorded at the County Recorder's - which releases the stale lien), and one more to send to the Contractors State License Board (where they will be very interested in knowing that you have a judgment against him). The CSLB, with the correct prodding, will help you collect from him.

We do lots of lien work. Call or email if you have a need for assistance.