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If we release the ML can we refile if not paid?

California

We are a Sub to a Sub and filed a ML on 6.22.22. Our Contractors states they have not been paid and said they can not get paid UNLESS we release the ML. They also states we did not have a right to include the Retention however, we are complete on our portion of contract and starting 4.22 the building is being occupied. The General Contractor is in Alabama - our Contractor is in California and we are the Sub in California

2 replies

Jul 12, 2022

 You can do a conditional lien release in exchange for payment. I would under NO cirumstances release the lien until you get paid: this is why you do a "conditional" lien release. Hope that helps. There's lots to unpack here, but that is my gut reaction.

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Jul 12, 2022

Based on the timing set forth in your question, it seems very risky to release your lien. Prepare to timely file a lawsuit to foreclose upon your lien. 

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