California mechanics lienPreliminary notice and deadlines

How many days do you have to file a mechanics lien in California?

Direct (original) contractor: record claim of lien after completing the direct contract and before the earlier of 90 days after completion of the work of improvement or 60 days after owner records a notice of completion/cessation. All other claimants: after ceasing work and before the earlier of 90 days after completion or 30 days after the owner records a notice of completion/cessation. Completion defined in 8180 (actual completion, owner occupation + cessation, 60 days cessation, or notice of cessation after 30 days; public entity: acceptance). Owner may record NOC on or within 15 days after completion (8182).² Cal. Civ. Code 8412, 8414, 8180, 8182(a)

When is the California preliminary notice due?

Preliminary notice due not later than 20 days after the claimant first furnished work; if late, lien/stop notice/bond claim covers only work in the 20 days before service. Given to owner (or reputed owner), direct contractor and construction lender. Laborers exempt; a claimant in direct contract with the owner gives notice only to the construction lender. Required for the lien to be valid.¹ Cal. Civ. Code 8204(a); 8200; 8202

How long is a mechanics lien good for in California?

Action to enforce the lien must commence within 90 days after recordation of the claim of lien, else the claim expires. Exception: recorded credit extension, then 90 days after credit expires, never later than 1 year after completion. Court may dismiss if not brought to trial within 2 years of filing.³ Cal. Civ. Code 8460(a),(b); 8462

Who can file a mechanics lien in California?

Direct contractor, subcontractor, material supplier, equipment lessor, laborer, design professional (anyone providing authorized work).⁴ Cal. Civ. Code 8400

Does a California lien claim have to be notarized?

Claim of lien must be a written statement signed and verified by the claimant, with owner/site/work description, proof-of-service affidavit, and the statutory 10-pt boldface notice. Statute says “verified”; it does not say notarized.⁵ Cal. Civ. Code 8416(a)

What about public jobs in California?

Public works: no mechanics lien; stop payment notice or payment bond claim. Preliminary notice to public entity and direct contractor required (not laborers, not those in direct contract with the direct contractor); covers only work within 20 days before notice. Stop payment notice must be given within 30 days after recorded notice of completion/acceptance/cessation, or 90 days after cessation/completion if none recorded. Bond action: any time after ceasing work but not later than 6 months after the stop-notice period in 9356 ends. Without prelim notice a bond claim may still be made by written notice to surety and principal within 15 days after NOC recordation, or 75 days after completion if no NOC. Direct contractors cannot give stop payment notices or bond claims. Prevailing party gets attorney fees.⁶ Cal. Civ. Code 9100(b), 9300, 9304, 9356, 9558, 9560, 9564

How do you file a mechanics lien in California?

1. Preliminary notice: due 20 days after you first furnished work. Cal. Civ. Code 8204(a); 8200; 8202
2. Record the claim of lien: due 90 days after completion of the work of improvement, or 60 days after a recorded notice of completion or cessation (direct contractors), or 30 days after a recorded notice of completion or cessation (all other claimants), whichever comes first. Cal. Civ. Code 8412, 8414, 8180, 8182(a)
3. Sue to enforce: due 90 days after the claim of lien is recorded. Cal. Civ. Code 8460(a),(b); 8462

Each line restates the statute cited next to it. Check the statute text before you file.