When Can a Subcontractor in California File a Lien?
Full Question:
Answer:
The form you refer to, CA-020-09, applies to private works of improvement. This notice is requied to be sent to a claimant who has given the owner a preliminary notice within 10 days after recording it. If the owner fails to serve this notice within the 10 days, then it is ineffective to shorten the time for filing a lien. Therefore, a subcontractor would have 90 days after completion of the work of improvement to file the lien.
Please see the following CA statutes:
8414. A claimant other than a direct contractor may not enforce a
lien unless the claimant records a claim of lien within the following
times:
(a) After the claimant ceases to provide work.
(b) Before the earlier of the following times:
(1) Ninety days after completion of the work of improvement.
(2) Thirty days after the owner records a notice of completion or
cessation.
8190. (a) An owner that records a notice of completion or cessation
shall, within 10 days of the date the notice of completion or
cessation is filed for record, give a copy of the notice to all of
the following persons:
(1) A direct contractor.
(2) A claimant that has given the owner preliminary notice.
(b) The copy of the notice shall be given in compliance with the
requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c) If the owner fails to give notice to a person as required by
subdivision (a), the notice is ineffective to shorten the time within
which that person may record a claim of lien under Sections 8412 and
8414. The ineffectiveness of the notice is the sole liability of the
owner for failure to give notice to a person under subdivision (a).
(d) For the purpose of this section, "owner" means a person who
has an interest in real property, or the person's successor in
interest on the date a notice of completion or notice of cessation is
recorded, who causes a building, improvement, or structure, to be
constructed, altered, or repaired on the property. If the property is
owned by two or more persons as joint tenants or tenants in common,
any one or more of the cotenants may be deemed to be the "owner"
within the meaning of this section. However, this section does not
apply to any of the following owners:
(1) A person that occupies the real property as a personal
residence, if the dwelling contains four or fewer residential units.
(2) A person that has a security interest in the property.
(3) A person that obtains an interest in the property pursuant to
a transfer described in subdivision (b), (c), or (d) of Section
1102.2.
