California Notice of Credit Form

The basic deadline to record a mechanics lien is 90 days after completion of the entire work of improvement. The deadline is shorter if the owner records a notice of completion and serves it on the contractor and subcontractors - 30 days for subs and 60 days for a direct contractor. The lien is premature if the lien claimant is still providing work when the lien is recorded. (See Civil Code, §§ 8180, 8412, 8414.) If April 21 is the date the entire project was complete, and no notice of completion was recorded and served, the deadline to record a lien should be July 20.

I recommend that you wait and see if they file a foreclosure lawsuit on the lien. If the lien expires before they file their lawsuit, you can file a petition to the court to remove the expired lien and get an order requiring the lienor to pay your attorney's fees (which you may or may not be able to collect under the circumstances). In addition, the GC should be liable for the laborer's wages and the defective work. If the GC is solvent, you can sue them to recover your damages and to remove the lien. If you get a judgment against the GC and they don't pay it, you can notify the Contractors State License Board, and their license may be suspended until they pay.

Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.