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Is a California Preliminary (Lien) Notice Valid 238 days after completion

CaliforniaMechanics Lien

I received a Preliminary notice (12/30/22) approximately 238 days after project completion and residential home occupancy (05/11/22). Is this preliminary lien notice and subsequent lien valid? If no/yes, by what California code/law? Part 2: How does a residential property owner object when work is in dispute?

2 replies

Jan 9, 2023

No it's not valid. See Civil Code section 8200-8204. 

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Jan 10, 2023

A Preliminary Lien Notice must be served 20 days before the contractor/subcontractor who served the notice started work. Otherwise, the contractor/subcontractor can only lien for the work performed in the last 20 days of work. A mechanic’s lien must be filed within 90 days of the last day the contractor performed work. It sounds to me like both the Prelim and the Mechanic’s Lien are invalid but I would need to see the documents.

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