Liens are a terrific remedy for contractors. If you're unpaid and file your lien on time, you acquire security rights against the property itself and are legally able to file suit against parties who you did NOT contract with (i.e. the property owner, if you are a sub).
However, if you don't file a lien, you still have plenty of legal rights to recover what is owed to you.
Your rights, however, are exclusively against the party who you contract with. You have an action against them for breach of contract. The period to bring this suit is quite a bit longer, between 3-6 years, depending on the type of contract.
Your question would be easier evaluate if you described whether you are a sub or the general.
In most states, and I can only specifically answer for California, the subs have no claim against the owner if they have no privity of contract with the owner. Its otherwise if they have a contract with the owner.
But, in either case, if no valid lien because of failure to record in time, then a suit on contract or for materials and labor are the only remedies -- and that action runs only to the parties with whom the "contractor" has a contract. The lien claim is invalid if not prosecuted within the time allowances set by statute in most states.
DISCLAIMER—This answer is for informational purposes only under the AVVO system its terms and conditions. It discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.
