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It’s not always easy to receive the gold you’ve earned in the Golden State. California, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, California mechanics lien law is also confusing and complicated. So you need to know how the law works to be able to properly file a mechanics lien in California and protect your right to be paid. Here are 5 things you need to know about the California mechanics lien law to successfully file your next lien.
Who Can File a Mechanic Lien in California?
Generally, anyone who provides materials or services during construction can file a mechanics lien. This includes general contractors, subcontractors, laborers, and material suppliers but their rules for filing a mechanics lien are different than those explained below.
The First Step to Filing a Mechanics Lien is a Notice of Right to Liens
Your first step in protecting your lien rights is to serve notice of your right to file a mechanic’s lien, often referred to as the Preliminary Notice. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice on the construction lender.
Preliminary 20-Day Notice
This notice must be served within 20 days of the day you start work or begin supplying materials to the project. If you miss the 20 days, you can still serve the notice late but only money earned within the previous 20 days can be included in your lien.
The notice may either be served by certified mail, return receipt requested or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice must include a description of the work or goods you will provide, the estimated total price of the work or goods you will provide and the statutorily required statement California Civil Code Section 8202 Chapter 2. The language in the notice must exactly match the language in the statute.
Preparing the Lien
Every mechanics lien in California must contain the owner’s name, a general description of the property and location, the name of the hiring party, a description of the work performed and the amount of money owed. The lien must also include the statutorily required statement in California Civil Code Section 8416 Chapter 4.
Filing and Serving the mechanics lien
According to California mechanics lien law, you have 90 days from the last day you performed work or provided goods on the project to file your mechanics lien. However, if the owner files a notice of completion or cessation to indicate the project has stopped, you only have 60 days from the filing of that notice to file your lien. The lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery.
Important Facts to Consider
Even if you do not plan to foreclose on the lien, (perhaps to give the owner additional time to pay or for whatever reason), it is best to go through the entire procedure. Even if circumstances change, it may be too late to act when dealing with California mechanics lien law. If payment discussions break down or your customer appears headed toward insolvency, your diligence will have made it possible for you to foreclose on the lien. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong position against your adversaries.
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Additional Information About Mechanic Liens in California
Frequently Asked Questions
How do I file a mechanics lien in California?
To file a California mechanics lien you must follow strict statutory procedure under Cal. Civ. Code §§ 8400-8470. Step 1 (sub-tier claimants only): serve the 20-day Preliminary Notice on the owner, prime contractor, and construction lender within 20 days of first furnishing labor or materials (§ 8200). Step 2: record the Claim of Lien with the county recorder within 90 days after completion of the work of improvement, or within 30-60 days after the owner records a Notice of Completion (§§ 8412, 8414). The Claim of Lien must include the verified statement, amount demanded, owner name, property description, and other required contents under § 8416. Step 3: commence a foreclosure action in California Superior Court within 90 days of recording (§ 8460) or the lien expires automatically by operation of law.
What is the deadline to file a California mechanics lien?
Sub-tier claimants (subcontractors, suppliers, equipment lessors) have 90 days from completion of the work of improvement to record a Claim of Lien (Cal. Civ. Code § 8412), accelerated to 30 days from the recording of an owner's Notice of Completion (§ 8414). Direct contractors have 90 days from completion or 60 days from a Notice of Completion. The 20-day Preliminary Notice (§ 8200) is a separate prerequisite — sub-tier claimants must serve it within 20 days of first furnishing labor or materials, or their lien rights are barred regardless of how timely the later Claim of Lien is recorded. Direct contractors with the owner are exempt from § 8200 service.
Do I need to serve a California Preliminary Notice before I can file a mechanics lien?
Yes — every sub-tier claimant (any contractor, supplier, equipment lessor, or design professional NOT in direct contract with the owner) must serve the 20-day Preliminary Notice under Cal. Civ. Code § 8200 to preserve mechanics lien, stop notice, and payment bond rights in California. Service must be by personal delivery, registered mail, or certified mail with return receipt requested. The notice must include the contents required by § 8202 (description of services, claimant name and address, person who contracted, jobsite description, owner name and address, estimated price, and the statutory "Notice to Property Owner" warning). Direct contractors with the owner are exempt from § 8200 service but should still serve the construction lender if one is involved.
What contents are required on a California Claim of Lien?
Under Cal. Civ. Code § 8416, a California Claim of Lien must be verified by the claimant and contain: (1) a statement of the claimant's demand after deducting just credits and offsets; (2) the name of the owner or reputed owner; (3) a general statement of the kind of work, services, equipment, or materials furnished; (4) the name of the person who employed or hired the claimant; (5) a description of the property sufficient for identification, including the legal description if known. Defective Claims of Lien missing any of these required contents are unenforceable — California courts apply strict statutory compliance to Claim of Lien content requirements.
Where do I record a California mechanics lien?
California mechanics liens are recorded with the County Recorder in the county where the property is located. Recording fees vary by county and document length but typically range from $30 to $75 for the first page plus $3-5 per additional page. After recording, the claimant must mail a copy of the recorded Claim of Lien to the owner of record within 30 days of recording — failure to mail does not invalidate the lien but bars recovery of attorney's fees and costs under § 8416(c). Always retain the certified-mail return receipt or proof of personal service for the foreclosure suit.
What happens if I miss the 90-day California mechanics lien foreclosure deadline?
Under Cal. Civ. Code § 8460, a California mechanics lien expires automatically if the claimant does not commence a foreclosure action in California Superior Court within 90 days of recording the Claim of Lien. The 90-day deadline is a statute of repose, not a statute of limitations — it cannot be tolled, extended by agreement, or excused for hardship. If the deadline is missed, the lien is unenforceable and the property owner can record a release. The deadline can be shortened to 60 days if the owner serves a § 8480 "Demand to Commence Action." The majority of California mechanics liens are lost to missed deadlines, not denied on the merits — disciplined deadline tracking is the single biggest determinant of California lien recovery.
How does National Lien & Bond help unpaid contractors file California mechanics liens?
For Illinois-based unpaid contractors with California projects, Hal Emalfarb's firm (Emalfarb Swan and Bain, Highland Park, IL) provides strategic guidance on California filing procedure and coordinates with California construction-payment counsel through the National Lien & Bond network. For California-based claimants, NLB connects you with vetted California construction-payment attorneys who handle Cal. Civ. Code § 8400 et seq. matters as a primary practice. Hal does not personally practice in California (he is admitted in Illinois only), but the NLB network provides statewide coverage including the 20-day Preliminary Notice service, Claim of Lien recording, and § 8460 foreclosure suit. Contact NLB for a free initial consultation and California attorney referral.