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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116715
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am a general contractor. I signed a contract with a tenant

Customer Question

I am a general contractor. I signed a contract with a tenant to preform tenant improvements on an existing building for a private job. The owner was aware of the construction as well as attended construction meetings and was privy to everything and all matters of construction. I ordered suspension of work due to lack of payment (first payment was not received) The job was suspended by the tenant two days later. The tenant claimed a week later they were out of business. I did not file a Prelim. Can I still file a Mechanics Lein against the owner of the building.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
CA civil code 309 says you as.a general contractor must file the preliminary notice within 20 days of first starting the work. If you did not file that preliminary notice, then you would have to file suit against the tenant for the costs and payment since that is the party you contracted with.