Question:
If the 90 days passed after the work was completed AND then (after that 90-day period) the Notice of Completion was filed, does that “restart” the clock to allow me to file a mechanic’s lien in the next 30 days after the Notice of Completion was filed? Or, if the 90 days passed after the work was completed, am I not permitted to file that lien?
Answer:
Typically, a Notice of Completion is only valid if recorded within fifteen days of the actual completion of the work. As such, a late-filed notice would not extend or re-start the mechanic’s lien deadline. That said, owners typically record a Notice of Completion to shorten the mechanic’s lien deadline. If there was a dispute as to when work was actually complete, and the owner is declaring it was only completed recently, then they will be hard-pressed to declare that a mechanic’s lien is untimely. I suggest you record your lien and use the owner’s stated completion date (unless doing so would prejudice you in some other way, such as affecting an insurance/bond deadline, giving a tax consequence, etc.).
