Updated on September 27, 2023
Thus, under California’s mechanic’s lien laws, without a recorded notice of completion a general contractor has 90 days from completion of the work of improvement to record a claim of mechanic’s lien. (Cal. Civ. Code §8412(a).)
Prior to the ruling in Picerne Constr. Corp v. Castellino Villas, courts differed in opinion as to when the 90-day period began to run. Some courts held that the period was triggered upon substantial completion of a contractor’s work. (Picerne Constr. Corp v. Castellino Villas (2016) 244 Cal.App.4th 1201, 1212.) However, Picerne Constr. Corp. overturned those holdings and established that only “actual completion” will trigger the 90-day period. (Id. at 1216.)
As support for its holding, Picerne Constr. Corp. relied on Cal. Civ. Code § 3086. In particular, the court mentioned that the Legislature in Cal. Civ. Code § 3086 defined the term completion as “actual completion of the work of improvement.” (Picerne Constr. Corp v. Castellino Villas (2016) 244 Cal.App.4th 1201, 1210.)
Schorr Law has experience resolving a variety of mechanic’s lien issues. To inquire about a free 30 minute consultation, contact us by phone at (310) 954-1877 or by email at i[email protected]. You can also send us a brief message on the contact form on this page.
By Randy Aguirre.