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can i file a lien?

CaliforniaNotice of Termination

I am a contractor that did work on a project but client decided not to pay and sent a letter saying that they wish to terminate the contract due to abandonment of the project. The client still owes over $300k

4 replies

Jan 16, 2023

If you are in direct contract with the Owner, you have the right to record a mechanics lien, but you have a limited time to do so. I suggest you contact an attorney experienced with mechanics liens immediately to determine whether you still have the ability to place a lien on the project. 

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Jan 16, 2023

Depends upon when you stopped working at the project, and the date of the termination letter. You have 90 days from the termination date of the contract to file the mechanics lien. See Civil Code section 8412. 

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Jan 17, 2023

If within 90 days of when your work stopped, yes, you can file a mechanic's lien. You have other options as well. Kevin Meade, Esq. - 949-502-7715 - kmeade@TALGlaw.com

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Jan 18, 2023

Yes you should file a lien for that amount of money. You must file your lien within 90 days of the last day you worked. You should include all labor and materials for the project. You cannot include interest. Once you file the lien, you have 90 days to file suit to “perfect” the lien. If you need help with these steps, contact a lawyer in the area where you operate.

Good luck

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