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Can I immediately file a Mechanics' Lien if owner gives us a cessation notice

Built ADU. Payment schedule was current. Owner's asked for additional work, Video Cameras, Electrical, Plumbing on their existing residence. Last payment comes due and the owner does not want to pay because they say we didn't give them change orders. We have e-mails and text messages confirming their needs. End of job, five (5) item punch list: install towel bar etc in bathroom, touch of paint on two doors and paint 1" x 30" area above portion of back splash they changed out. Sent out 20-day notice. Owner's sent notice of Cessation within days. Confirm that I can immediately record a Mechanics's Lien.

7 replies

May 15, 2020

Yes, you should record your mechanic’s lien after you have ceased to provide work and within 30 days after recordation of a notice of completion or cessation. See Civil code sec. 8414. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com

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May 15, 2020

I red somewhere that the Affidavit is supposed to have the USPS Confirmation Number included. Is this true? We have been in business for 35 years and the last Mechanics' Lien we did was 25 years ago. If for some reason we need to file a lawsuit I will give your office a call. I have everything in order with a spread sheet so it should make everything much easier.

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May 15, 2020

Sorry I READ. How embarrassing.

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May 15, 2020

I'm not sure what your mean by a "USPS Confirmation Number included." That said, the lien does need be served on (mailed to) the owner, via certified mail return receipt, before it is recorded. As for recording the lien, it needs to be stamped by the County Recorder's Office, in the County where the property is located, within 30 days after the notice of cessation is recorded - so get the lien recorded well in advance of the 30 day deadline. Once the lien is recorded, you have 90 days to file suit to foreclose on the lien. If you would like to talk or email, below is my contact info. Thanks, Andrew Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com

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May 16, 2020

Thank you

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Aug 3, 2023

Hi Andrew, We sell and install window coverings and in California you are supposed to have a contractor's license, a specialty D license - We sold exterior shades to a client; 9600 dollar job for us, and an issue arise at install about the opening of the patio area and a bow in the opening and a bracket was unable to use for the install, it wasn't necessary to use it its installers discretion, but we explained it to him and he said ok - he wrote the final payment check and wrote that on the check on a Friday and then Monday, this week he stopped payment on it. He wants a lower price and if we don't submit to his demands, he will file a complaint with contractor's board on our license and bash us on yelp, google ect .. claiming bad work - not true at all, it came our great - they are just bad people to deal with, even if we did lower the price, they won't pay us, they don't want to - we are a small company that's been struggling and 3500 dollars is a lot for us to lose - we tried contacting them through calls, texts, emails and they refuse to respond and send us the final payment - what is our recourse besides small claims - I sent the email yesterday, thought I would send another today with a link for payment and then on Friday mail a certified letter to demand payment before filing small claims, but then I thought what about a lien, can I do that? what is the preliminary notice? what are the steps to take and am I able to?