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my dead line to enforce my mechanics lien expired 30 days on 4/30/2023

CaliforniaLien Deadlines

I'm a contractor and I had filed a mechanics lien on 12/30 /2022. My dead line to enforce the lien expired 30 days ago . Is there anything I can do to reinforce the lien or can I file a new lien ? This owner still owes me over$28,000

4 replies

May 2, 2023

No. You now need to release the lien. You can call levelset to help with that. 

You may be able to pursue the owner via a Civil Suit based upon most likely causes of action including: 1. Breach of Contract, 2. Quantum Meriut - services rendered (basically a time and materials cause of action). Any attorney that does civil litigation can assist you. You'll need to show the attorney at least: 1. The written contract, 2. The Building Permit and/or inspection card, 3. The final Invoice. 

Brion Berkley, Esq. 

brionlaw.com

(831) 840-2672

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May 3, 2023

 It depends on whether you have, or can, return to the site of construction to do any work whatsoever. For example, if you were to return to the homeowner to do some pick-up and/or punch list items, and/or offer to repair some item the homeowner is complaining about you could reignite your mechanic's lien right to re-record the mechanic's lien and then file your complaint to Foreclose on the Mechanic's Lien, as well as for Breach of Contract, Common Counts, Quantum Meruit, etc. [I am assuming, of course, that you are licensed, that you have workers compensation insurance for anyone that you had work on the project under your license, (not including licensed subcontractors), your bond is also in good standing and your work of home improvement contract complies with the work of home improvement statutes under the Business and Professions Code.] 

If returning to the work of home improvement is not an option, then I am afraid the rules on mechanic's liens are very strict and there is no way to get around the statutory time requirements related to enforcing your mechanic's lien rights.  

So as indicated above, you are still left with your Breach of Contract, Common Counts, Quantum Meruit, etc. Rights, and could sue the homeowner under those theories. However, those are long term in nature and do not serve to get you paid right away, as does the ability to assert your rights to a mechanic's lien. However, I disagree with my learned counsel above in that I would not release the Mechanic's Lien right away. 

Many times, Homeowners are just as ignorant of Mechanic's Lien laws as the contractors that do work for them. While the Mechanic's Lien is indeed unenforceable, having one on record with the County Recorder's Office serves to strike fear in the minds of homeowners, e.g., "OMG! I have a lien against my home now!" 

Additionally, the Mechanic's Lien, while invalid by statute, still remains on record with the real property and as a practical matter no title company or lender will touch the property until the mechanic's lien is removed. So, in part it still serves its purpose in encumbering the property, despite being unenforceable. If the Homeowner is trying to refinance, or sell, his or her property it will stop that process dead in its tracks and will force the Homeowner to do one of three things, (1) Ask escrow to settle the lien payoff with you; (2) negotiate with you to remove the lien for a partial payoff; or (3) hire an attorney to file a Complaint for Slander of Title against you, which will allow you to Cross-Complain for your Contract amounts, or if the attorney actually knows what they are doing, the attorney will send you a letter to release the lien notifying you that if you do not execute the lien release he will file a special motion under the Civil Code asking the court to expunge the lien and notifying you that you will be subject to an award of attorney’s fees for the attorney having to file the motion. 

If you get that letter notifying you about the special Motion to Expunge and being liable for attorney’s fees if you refuse to provide a lien release, immediately contact the attorney and provide them with a lien release, so that you do not get hit with an award of attorney’s fees by the court. Otherwise, your Mechanic's Lien may be of some further use in your negotiations with the homeowner and getting yourself paid.  

 TO ALL QUESTIONERS: I provide this answer in an effort to assist and guide only and my response to your question(s) is not intended to constitute legal advice. The answers are qualified further by whether you have provided the full and complete facts and background or not, the necessary documents for review, and by the space limitations of this forum. This answer does not serve as a substitute for full consultation with an attorney providing legal advice after a full analysis of the facts. In no way is any answer to be construed as a formal giving of legal advice nor is any attorney-client relationship formed by responding to your question(s). You are not permitted to quote or refer to answers given in any court pleading or hearing. 

TO QUESTIONERS FROM OUTSIDE CALIFORNIA: I am licensed to practice in the State of California (on inactive status in DC), be advised that I practice on a day-to-day basis in California. I answer questions based upon California Law, in areas of the law in which I practice, and in which I feel comfortable trying to offer my assistance based on my knowledge of specific statutes in California, which may differ from those in your state and/or general principles applicable in all states. Being licensed to practice in California, however, does not provide me with the detailed knowledge of local procedures and practices that comes from day-to-day work in your state. It is always best to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.  

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