California Mechanic's Lien Deadlines
Mechanic Lien Filing Requirements Based on Notice of Completion Status Under California Civil Code §8412-8414
Original Contractor — Notice of Completion Recorded: 60 Days (CC §8912)
When a Notice of Completion has been recorded by the owner, original contractors (those in direct privity with the owner) must file their mechanic's lien within 60 days after the owner records the Notice of Completion. CC §8912.
This deadline is measured from the date of recording, not the date of actual completion. Original contractors should monitor recording activity to ensure they do not miss this critical filing window.
Original Contractor — No Notice of Completion: 90 Days (CC §8412)
When no Notice of Completion has been recorded, original contractors must file their mechanic's lien within 90 days after actual completion of the project. CC §8412.
Actual completion is determined by the facts of the project, not by any formal recording. The 90-day period provides additional time but should not encourage delay in filing.
Subcontractor & Materialman — Notice of Completion Recorded: 30 Days (CC §8414)
When a Notice of Completion has been recorded, subcontractors and materialmen must file their mechanic's lien within 30 days after the owner records the Notice of Completion. CC §8414.
This is a significantly shorter deadline than the 90-day period available when no Notice of Completion is recorded. Subcontractors must act quickly once a Notice of Completion is filed.
Subcontractor & Materialman — No Notice of Completion: 90 Days (CC §8414)
When no Notice of Completion has been recorded, subcontractors and materialmen must file their mechanic's lien within 90 days after actual completion of the project. CC §8414.
This is the same deadline that applies to original contractors when no Notice of Completion is recorded. All claimants have 90 days from actual completion in this scenario.
Private Works — Stop Notice Deadlines (CC §8180, §8412, §8414)
Stop notices on unexpended construction loan funds follow similar timing to mechanic's liens. For contractors: Bonded stop notice to lender within 60 days of Notice of Completion recording, or 90 days after completion if not recorded. CC §8180, §8412.
For subcontractors and materialmen: Bonded or unbonded stop notice within 30 days of Notice of Completion recording, or 90 days after completion if not recorded. CC §8180, §8414. A stop notice must be bonded to be enforceable against a construction lender.
Public Works — Stop Notice to Public Authority (CC §9356)
On public works projects, a stop notice must be served on the public authority. If a Notice of Completion has been recorded, the stop notice must be served within 30 days after recording. If no Notice of Completion is recorded, the stop notice must be served within 90 days of completion or acceptance of the project. CC §9356.
Public Projects — No Mechanic's Lien Available
Mechanic's liens cannot be filed against public property in California. On public construction projects, unpaid subcontractors, materialmen, and laborers must pursue payment through payment bond claims under CC §3225-3252 or stop notices on unexpended funds under CC §9356.
Frequently Asked Questions
What is the deadline to file a mechanic's lien in California?
It depends on whether a Notice of Completion is recorded. If recorded: original contractors have 60 days (CC §8912), subcontractors have 30 days (CC §8414). If not recorded: all claimants have 90 days after actual completion (CC §8412, §8414).
How does the Notice of Completion affect mechanic lien deadlines?
Recording a Notice of Completion shortens mechanic lien filing deadlines significantly. Subcontractors go from 90 days to 30 days, and original contractors go from 90 days to 60 days. The owner must send notice of completion to all who sent preliminary notices within 10 days of recording.
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 follows similar deadlines to mechanic's liens but is a separate remedy. A stop notice must be bonded to be enforceable against a construction lender.
Can I file a mechanic's 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.
What is the stop notice deadline for subcontractors?
For private works: 30 days after Notice of Completion recording, or 90 days after completion if not recorded. For public works: 30 days after Notice of Completion recording, or 90 days after completion or acceptance. CC §8180, §8414, §9356.
Related California Resources
Explore other 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 Enforcement Deadlines
90-day suit deadlines, stop notice enforcement, payment bond claim suit timelines, and public works enforcement
California Overview
Return to the main California construction mechanic lien law page
