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Can I file a mechanics lien if its past the 60 days of completion date?

CaliforniaJoint ChecksMechanics Lien

I'm a restoration contractor who completed work about 3 months ago for a homeowner. The homeowner's insurance adjuster took about 45 days to respond and issue our payment. We then sent the check to the homeowner to endorse but he is now refusing to pay. Can a lien be filed or do we have to pursue our payment in court?

1 reply

Jul 23, 2021

Your answer depends on some facts. If you were the prime, then you can probably lien the property if the work was done less than 90 days ago (assuming no notice of completion was ever recorded). If you were a sub, you needed to file prelims too which adds another wrinkle. If your lien rights are gone, you can always think about a breach of contract lawsuit.

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