San Diego Contractor Not Getting Paid? California Lien Clocks and Funding

You finished the San Diego job and the check never came. California gives unpaid contractors a preliminary notice, a mechanic’s lien, and on many jobs a stop payment notice or payment bond, but the recording and suit windows are short.

This guide covers the California clocks for San Diego jobs, the county recorder and court, and how Darkwell funding can help carry a claim of $10,000 or more. For the full state picture, see the California contractor not paid pillar.

Owed $10,000 or more on a San Diego job? Request a free claim review.

San Diego County recorder and superior court

• Office of the Recorder | County Clerk. San Diego County’s Assessor/Recorder/County Clerk accepts and records legal documents required by law upon payment of the proper fees (sdarcc.gov Recorder | County Clerk).
• Superior Court of California, County of San Diego. Lien enforcement and contract suits are filed in superior court, which offers e-filing for several case types, including civil (sdcourt.ca.gov).

California lien clocks (San Diego projects)

• Preliminary notice. Before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond, a claimant generally must give preliminary notice to the owner, the direct contractor, and the construction lender if any. Laborers are excepted; claimants in direct contract with the owner give notice only to the lender if any (Civ. Code § 8200).
• Direct contractor lien. Record after completing the direct contract and before the earlier of 90 days after completion of the work of improvement or 60 days after the owner records a notice of completion or cessation (Civ. Code § 8412).
• Subcontractor and supplier lien. Record after you cease providing work and before the earlier of 90 days after completion or 30 days after a recorded notice of completion or cessation (Civ. Code § 8414).
• Sue within 90 days. Commence an action to enforce the lien within 90 days after recordation, or the claim of lien expires (Civ. Code § 8460).

Watch for a notice of completion

A recorded notice of completion or cessation can cut the recording window to 60 days for a direct contractor or 30 days for a sub. Check the county’s recorded documents for that notice before you count.

When funding helps

If the claim is real, the other side is stalling, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. On a San Diego unpaid invoice, that can mean funding the lien, stop payment notice, bond, or contract claim.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract or subcontract, and change orders
• Invoices, pay applications, and payment history
• Job address and the owner, GC, or customer name
• Photos, daily logs, and delivery tickets
• Any notices, lien filings, or bond information
• Your attorney’s contact, if you have one
• Your preliminary notice and proof of service

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.

In select cases, we may purchase a business claim outright, where state law allows.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt.

Common questions

How long does a sub have to record a lien on a San Diego job? After ceasing work, and before the earlier of 90 days after completion or 30 days after a recorded notice of completion or cessation, under Civ. Code § 8414.

How long do I have to sue on a California lien? Generally within 90 days after recording, under Civ. Code § 8460.

Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.

Sources

• Cal. Civ. Code § 8200
• Cal. Civ. Code § 8412
• Cal. Civ. Code § 8414
• Cal. Civ. Code § 8460
• San Diego County Recorder | County Clerk
• Superior Court of California, County of San Diego
• California Contractor Not Paid

San Diego job still unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: California Contractor Not Paid · California Subcontractor Not Paid · Los Angeles Contractor Claim Funding · Where We Fund