Lien for owner's non payment of work done
We have been told that a mechanic's lien, which has been filed, is only good for 90 days. What can a contractor do to further secure the thousands of dollars he is still owed by an LLC group who has not sold the home, nor payed for septic and foundation, as well as the garage
Re: Lien for owner's non payment of work done
The contractor needs to refresh his mewmory on the training given him in preparation for taking the license exam, in particular Civil Code section 3115 regarding when the claim of lien may and must be recorded, and section 3144 providing that suit to enforce the lien by foreclosure must be brought within 90 days of the lien's recordation. In short, there is a window of time to record the lien and then another window of time to being enforcement. If the latter window is about to close, the contractor usually must commence suit to protect his rights; a contractual extension of credit may also extend the lien period in some cases.
Re: Lien for owner's non payment of work done
A Mechanaic's Lien is only valid for 90 days unless , within that 90 day period, a suit is filed to foreclose the lien or a notice of "extension of credit" is signed by the owner and recorded. If the lien expires,d you can record a new lien if the project is still lienable. Even if the lien expires, you can still sue on the contract. This is a very technical area and you need to talk to a construction lawyer.
Good Luck
E. Leonard Fruchter
Re: Lien for owner's non payment of work done
You need to file a lien foreclore/breach of contract lawsuit in order to enforce the lien and/or get a money judgment. Without doing so, a lien is of little value.
