Navigating Construction Payment Rights with Knowledge and Care.
Your Complete Guide to Mechanic's Liens.
Need to protect your payment? Here's everything you need to know.
Mechanic's LiensPreliminary NoticesDeadlinesFiling ProcessLien Waivers
What Is a Mechanic's Lien?
A mechanic's lien is a legal claim recorded against real property when the owner has not paid for labor, materials, or services that improved that property. It is governed by California Civil Code §§ 8400–8494 and gives unpaid contractors, subcontractors, suppliers, and laborers the strongest payment remedy available.
Who Can File?
General contractors, subcontractors, material suppliers, equipment rental companies, laborers, architects, engineers, surveyors, and landscapers may all file. Direct contractors are not required to send a preliminary notice; most others are.
Why File?
A recorded mechanic's lien clouds the title of the property, blocking refinancing or sale until resolved. Most owners settle quickly to clear the lien rather than face foreclosure proceedings.
California Deadlines
20 daysSend Preliminary Notice from first furnishing of labor/materials.
90 daysRecord the lien — or 60 days if a Notice of Completion was recorded.
10 daysServe the recorded lien on the property owner.
90 daysFile a foreclosure action to enforce the lien (from recording).
Missing any deadline can permanently eliminate your lien rights.
Required Information
- Claimant name, mailing address, and license #
- Owner name and mailing address
- Property address & county
- General contractor name
- Description of work or materials
- Date first and last furnished
- Total amount owed
Filing Process
- Gather project information
- Prepare the lien document
- Record at the county recorder's office
- Serve the property owner
- File proof of service
- Enforce or release once paid
Preliminary Notices
Most claimants other than direct contractors must serve a 20-day preliminary notice to preserve lien rights. LienRight prepares and serves notices for $59 per recipient.
After Filing
Common outcomes: the owner pays, the parties negotiate, the lien is enforced through a foreclosure lawsuit, or the lien is released after payment.
Common Mistakes
Missing deadlines, listing the wrong owner, skipping the preliminary notice, and failing to enforce within 90 days of recording.
Lien Waivers
California recognizes conditional and unconditional waivers, in both progress and final forms. Never sign an unconditional final waiver before payment clears.
Enforcement
You must file a foreclosure lawsuit within 90 days of recording or the lien expires. A successful action can force a sheriff's sale of the property.
FAQ
See the homepage FAQ for the most common questions, or ask us anything.
Ready to file?
(555) 555-0150