California Mechanic Lien Enforcement Deadlines

Private Works — 90 Days After Mechanic Lien Recorded (CC §8460)

Under California law, suit to enforce a mechanic's lien must be filed within 90 days after the mechanic lien is recorded. CC §8460. This applies to both original contractors and subcontractors/materialmen.

If the mechanic lien claimant fails to initiate suit within this 90-day period, the mechanic lien expires and becomes unenforceable. It is critical to file the enforcement action promptly after recording the mechanic lien.

Private Works — Stop Notice Suit Deadline (CC §8550)

Suit to enforce a stop notice on private works must be filed within 90 days after the expiration of the mechanics' mechanic lien period, but not within the first 10 days after service of the stop notice. CC §8550.

This means the claimant must wait at least 10 days after serving the stop notice before filing suit, but must file no later than 90 days after the mechanics' mechanic lien filing period expires.

Public Works — Payment Bond Suit Deadline (CC §9558, §9356)

On public works projects, suit on the payment bond may be filed at any time after performance but must be filed no later than the applicable deadline based on Notice of Completion status:

• Notice of Completion recorded: no more than 30 days + 6 months after the Notice of Completion is recorded. CC §9558
• No Notice of Completion recorded: no more than 90 days + 6 months after actual completion or acceptance of the project. CC §9356

Public Works — Stop Notice Suit Deadline (CC §9502)

Suit to enforce a stop notice on public works must be filed within 90 days following the expiration of the stop notice filing period, but not within the first 10 days after service of the stop notice. CC §9502.

If a release bond is filed by the party against whom the stop notice was served, the claimant must file suit within 3 years after the release bond is filed.

Automatic Mechanic Lien Expiration

A California mechanic's lien that is not enforced by filing suit within 90 days after recording automatically expires. The claimant loses all mechanic lien rights and must pursue other remedies such as breach of contract or stop notice claims.

Because the 90-day enforcement deadline runs from the date of mechanic lien recording (not from project completion), claimants should carefully plan the timing of mechanic lien recording to ensure adequate time for both filing and enforcement.