California Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic's Lien Rights Under West's Civil Code §8000-9566 — Private Works, Stop Notices, Payment Bonds & Public Projects
California mechanic lien deadline table with toggles for project type and claimant type.
California Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Preliminary Notice not required if in direct privity with the owner.
Direct contractor must serve a Preliminary Notice on the lender.
Record the Claim of Mechanics Lien within 90 days after completion of the work of improvement.
If the owner records a Notice of Completion or Notice of Cessation, the deadline shortens to 60 days for a direct contractor.
Commence an action to foreclose the mechanics lien within 90 days after recording the Claim of Mechanics Lien.
Preliminary Notice
Preliminary Notice not required if in direct privity with the owner.
Direct contractor must serve a Preliminary Notice on the lender.
Mechanic Lien
Record the Claim of Mechanics Lien within 90 days after completion of the work of improvement.
If the owner records a Notice of Completion or Notice of Cessation, the deadline shortens to 60 days for a direct contractor.
Enforcement
Commence an action to foreclose the mechanics lien within 90 days after recording the Claim of Mechanics Lien.
California Mechanic Lien Law Overview
California construction mechanic lien rights are governed by West's Civil Code (CC) §8000 through §9566. This comprehensive statutory framework protects the payment rights of contractors, subcontractors, materialmen, and laborers who furnish labor, services, or materials for the improvement of real property in the State of California. The law provides multiple remedies including mechanic's liens on private works, stop notices on unexpended construction loan funds, and payment bond claims on public works.
The 20-day preliminary notice is the foundational compliance step under California mechanic lien law. Subcontractors and materialmen not in direct privity with the owner must serve a written preliminary notice to the owner, contractor, and construction lender no later than 20 days after first furnishing labor or materials. If sent more than 20 days late, the notice relates back only to 20 days before it was sent. Original contractors must give notice to the construction lender, if any, within 20 days of first work. CC §8102, 8108, 8200 et seq.
Mechanic Lien filing deadlines in California depend on whether a Notice of Completion has been recorded. When a Notice of Completion is recorded, original contractors must file within 60 days and subcontractors within 30 days. When no Notice of Completion is recorded, all claimants must file within 90 days after actual completion. Suit to enforce the mechanic lien must be filed within 90 days after the mechanic lien is recorded. CC §8460.
California also provides stop notice remedies on unexpended construction loan funds for private works and stop notices on unexpended funds for public works. On public projects, payment bond claims are available under CC §3225-3252 with specific preliminary notice and suit deadlines. National Lien & Bond provides authoritative guidance on every aspect of California construction mechanic lien compliance, from 20-day preliminary notice requirements through mechanic lien enforcement proceedings.
California Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in California.
California requires most claimants — other than direct contractors and laborers — to serve a 20-Day Preliminary Notice before recording a Claim of Mechanics Lien. The notice must be served within 20 days of first furnishing labor, services, equipment, or materials. If furnished before the 20th day, lien rights are limited to the value of work furnished within 20 days before service plus all work furnished after service. Direct contractors (general contractors) are not required to serve a preliminary notice on the owner, but must serve a 20-day preliminary notice on the construction lender, if any (CC §8200).
The 20-Day Preliminary Notice must be served on the owner, the direct contractor (general contractor), and the construction lender (if any). Service must be by registered or certified mail, return receipt requested; personal service; or first-class mail with proof of mailing (CC §8106). The notice must include the claimant's name and address, a description of the work, the name of the person who hired the claimant, and a general description of the property.
After recording a Claim of Mechanics Lien, the claimant must serve a copy on the property owner within 20 days of recording (CC §8416(c)). Failure to serve the 20-Day Preliminary Notice extinguishes all lien rights for work furnished prior to the notice. California also provides a Stop Notice remedy (CC §8180), which can freeze construction loan funds before a lien is filed.
How to File a Mechanic Lien in California: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Serve the 20-Day Preliminary Notice: Within 20 days of first furnishing labor or materials, serve the 20-Day Preliminary Notice on the owner, general contractor, and construction lender (if any) by registered or certified mail or personal service (CC §8204).
- 2
Document your work: Maintain detailed records of all labor furnished, materials delivered, dates of performance, and the value of each item. This documentation forms the basis of your lien claim amount.
- 3
Calculate your filing deadline: Determine whether a Notice of Completion or Cessation has been recorded. If recorded, direct contractors have 60 days and all other claimants have 30 days from recording. If no notice is recorded, direct contractors have 90 days from completion of the project as a whole; all other claimants also have 90 days from completion of the project as a whole.
- 4
Prepare the Claim of Mechanics Lien: Complete a Claim of Mechanics Lien (CC §8416) including: (a) a statement of your demand after deducting credits; (b) the name of the owner; (c) a description of the property; (d) the name of the person who contracted with you; and (e) the last date you furnished labor or materials.
- 5
Record the Claim with the county recorder: File the Claim of Mechanics Lien with the county recorder in the county where the property is located before your filing deadline.
- 6
Serve a copy on the owner: Within 20 days of recording, serve a copy of the Claim of Mechanics Lien on the property owner (CC §8416(c)).
- 7
File suit within 90 days: File a civil suit to foreclose the lien within 90 days of the date you recorded the Claim of Mechanics Lien. Failure to timely file suit releases the lien (CC §8460).
Topics on This Page
California Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for California construction mechanic lien law.
Notice Requirements
20-day preliminary notice obligations for private works, stop notices, and public works bond claims under California Civil Code
Mechanic Lien Deadlines
Mechanic Lien recording deadlines based on Notice of Completion status, stop notice filing requirements, and public works claim procedures
Mechanic Lien Enforcement Deadlines
90-day suit deadlines, stop notice enforcement, payment bond claim suit timelines, and public works enforcement
Frequently Asked Questions
What statute governs mechanic's liens in California?
Private works mechanic's lien rights are governed by West's Civil Code (CC) §8000-9566. Public works payment bond claims fall under CC §3225-3252 and §9300 et seq. Stop notices are governed by CC §8180 (private) and CC §9356 (public).
What is the 20-day preliminary notice in California?
Subcontractors and materialmen must serve a written preliminary notice to the owner, contractor, and construction lender within 20 days of first furnishing labor or materials. If sent late, it relates back only to 20 days before it was sent. CC §8102, §8200.
What is the deadline to file a mechanic's lien in California?
If a Notice of Completion is recorded: original contractors have 60 days, subcontractors have 30 days. If not recorded: all claimants have 90 days after actual completion. CC §8412, §8414, §8912.
How long do I have to enforce a California mechanic's lien?
Suit must be filed within 90 days after the mechanic lien is recorded. CC §8460. Failure to file suit within this period results in automatic expiration of the mechanic lien.
What is a stop notice in California?
A stop notice is a claim on unexpended construction loan funds (private works) or unexpended public funds (public works). It must be bonded to be enforceable against a construction lender. Stop notices follow similar deadlines to mechanic's liens.
Can I file a mechanic lien on a public project in California?
No. Mechanic's liens cannot be filed against public property. Payment rights on public projects are secured through payment bond claims under CC §3225-3252 or stop notices on unexpended funds under CC §9356.