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California Mechanic's lien rights. We are the subcontractor…

California Mechanic's lien rights ...

California Mechanic's lien rights

Lawyer's Assistant: Have you talked to a CA lawyer about this?

No

Lawyer's Assistant: What steps have been taken so far?

We are the subcontractor on a project and we have a supplier threatening to lien a job and I'm not sure they are within their rights to do so yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes...one minute please...

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Answered in 1 minute by:
5/31/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,663
Experience: Licensed attorney helping individuals and businesses
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Is the supplier owed funds for materials provided in relation to the property?
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Customer reply replied 2 months ago
1. A preliminary was sent on 1/8/18 from the vendor
2. On 1/28/18 a conditional progress was generated by them and paid 3/9/18
3. On 3/31/18 another conditional progress was generated by them but will only be partially paid in the next few days since we can not bill the job out yet at 100% because we are not 100% completed.
4. They are threatening to lien the project on 6/11/18 if the account is not paid in full. They are stating we owe $11,465.93 but the conditional progress was only generated for $10,027.85. Can they file a lien without generating a conditional final which I asked them to do once they receive their next payment next week of, $5,981.50.
Are they owed funds at this point or premature?
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Customer reply replied 2 months ago
They are owed funds, $11,465.93 but the conditional progress was for only $10,027.85 that was generated on 3/31/18
Customer reply replied 2 months ago
We have $5,981.50 to give them from the GC but they want payment in full by 6/11/18 or they will lien
Customer reply replied 2 months ago
A conditional final has not been issued by them, does that matter? And the job is not completed.
They can only lien to the extent owing and job complete. Here their claim is premature and they should be warned not to file in bad faith especially where large payment upcoming.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
Do they have to issue a conditional final first?
their threat is simply premature and improper.Please click on the 5 star rating (*****) on the question page - that’s how I get credit for my time by the site. If you dont see the rating button, please just reply “5 stars” Much appreciated!
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Customer reply replied 2 months ago
I requested a call so we can discuss this further, thank you!
if you get an automatic phone call request, you can accept it and a phone based law expert will handle. if you prefer to proceed by chat with me, just reply to the chat. some customers choose both, but the choice is yours! ThanksIf you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
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Customer reply replied 2 months ago
I basically need to respond back to them via email and I just wanted tohave my facts in order, I need to know what to tell them. As for legally what date do they legally have till before filing a mechanic's lien.
I would alert them that it’s premature, that payment is forthcoming and the balance will be paid on completion.
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Customer reply replied 2 months ago
I know they have alreday mentioned that a conitional progress was issued on 3/31/18 and they stated they are within their lien rights. Do you have a date that I can give them? If we send them a partial payment ($5,5,981.50) can they still legally lien the project on 6/11/18? I'm not sure by telling them they are a little premature on liening it will statisfy as an answer for them.
You can tell them to wait the 2 weeks. To lien now will not advance recovery for them.
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Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
Does it matter what day the equipment was first released on the project? Is there a time clock for lien rights?
They can wait until 90 days from completion of work.
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Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you need any clarification on your answer please just reply back and ask me. I will be glad to comment further. If you have a follow up, please hold off on rating and you can rate once in the end when I address your follow up. There may be a short delay if I am helping another customer or have internet issues but I will be back to you if you need me
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Customer reply replied 2 months ago
Can I call in for more advice after I email them?
Customer reply replied 2 months ago
Actually can you answer one more question? Can they legally file a lien without issuing a conditional final?
They need to wait.Please click on the 5 star rating (*****) on the question page - that’s how I get credit for my time by the site. If you dont see the rating button, please just reply “5 stars” Much appreciated!
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Customer reply replied 2 months ago
What legal tatics can I tell them so they understand they need to wait?
That they have time, getting paid a good portion and rest shortly. No benefit from the lien and not harmed in waiting.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Awaiting your reply, thank you!
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Customer reply replied 2 months ago
Thank you
Thanks. Please click on the 5 star rating (*****) on the question page - that’s how I get credit for my time by the site. If you dont see the rating button, please just reply “5 stars” Much appreciated!
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,663
Experience: Licensed attorney helping individuals and businesses
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