California mechanics lien law and deadlines
In California, subs and suppliers must serve a 20-day preliminary notice, every claimant must record its lien within 90 days after completion (shortened to 60 days for direct contractors and 30 days for others when a notice of completion is recorded), and the lien expires unless suit is filed within 90 days of recording.
California's mechanics lien law lives in Civil Code sections 8000 to 9566, and its timelines are tighter than most states. Subcontractors and suppliers must serve a 20-day preliminary notice. Liens are recorded with the county recorder within 90 days after the whole project is complete, but a recorded notice of completion or cessation cuts that to 60 days for direct contractors and 30 days for everyone else. Then you have only 90 days after recording to file a foreclosure suit, or the lien expires.
| Step | Who | Deadline or rule |
|---|---|---|
| Preliminary notice | Subs, suppliers, equipment lessors, design professionals (not laborers) | Within 20 days after first furnishing work (Civ. Code 8204) |
| Preliminary notice | Direct contractor | Only to the construction lender, if any (8200(e)) |
| Record claim of lien, no notice of completion | Everyone | After finishing your work and within 90 days after completion of the project (8412, 8414) |
| Record claim of lien after notice of completion or cessation | Direct contractor | Within 60 days after the notice is recorded (8412) |
| Record claim of lien after notice of completion or cessation | Everyone else | Within 30 days after the notice is recorded (8414) |
| Where to record | Everyone | County recorder where the property is located |
| Foreclosure suit | Everyone | Within 90 days after recording the lien (8460) |
| Public works | Subs and suppliers | No lien; stop payment notice or payment bond claim (9100, 9550) |
Who has lien rights in California
Civil Code 8400 lists the claimants: direct contractors (the statute's term for a prime contractor with a contract with the owner), subcontractors, material suppliers, equipment lessors, laborers, and design professionals. A design professional's lien under 8302 can attach even before construction starts, but only if a building permit or other government approval was obtained using its services, and only up to the lesser of the fee or the reasonable value.
Licensing is a gate. CSLB warns homeowners that an unlicensed contractor cannot foreclose a mechanics lien. Its lien page still cites a $500 cutoff, but the minor-work exemption in Business and Professions Code 7048 now covers jobs under $1,000 that need no building permit, so treat anything at or above $1,000 (or any permitted job) as license-required. Check California contractor license requirements before you rely on lien rights.
The 20-day preliminary notice
Under Civil Code 8200, a claimant must give preliminary notice to the owner, the direct contractor, and the construction lender (if any) before it can record a lien, serve a stop payment notice, or claim on a payment bond. Laborers are exempt, and a direct contractor only has to notify the lender.
Section 8204 sets the timing: no later than 20 days after you first furnish work. You can still serve a late notice, but it only protects work furnished within the 20 days before service and afterward. Say a flooring sub starts on April 1 and serves notice on May 10. Anything installed before April 20 falls outside the lien. A design professional that serves notice within 20 days after the project starts is treated as compliant for all its design services.
CSLB's homeowner guidance says the notice may be delivered in person or by certified, registered, or first-class mail. Keep proof of service; you will need it.
Recording deadlines and what counts as completion
Under 8180, completion of the project happens at the first of: actual completion; owner occupation or use plus cessation of labor; 60 continuous days of no labor; or recording of a notice of cessation after 30 days of no labor. On public work subject to acceptance, completion is acceptance.
- Direct contractor (8412): record after completing your contract and before the earlier of 90 days after project completion or 60 days after the owner records a notice of completion or cessation.
- Everyone else (8414): record after you stop furnishing work and before the earlier of 90 days after completion or 30 days after a recorded notice of completion or cessation.
- Owner's notice of completion: CSLB tells homeowners they have 15 days from completion to record one. Watch the county recorder's index on any job nearing the finish line.
The claim of lien is recorded with the county recorder, and a Notice of Mechanics Lien with a proof of service affidavit must accompany it. CSLB notes that lien claims are often invalid because the claimant missed one of the required timelines.
Foreclosing the lien
Section 8460 is blunt: start an action to enforce within 90 days after recording, or the claim of lien expires and is unenforceable. That is one of the shortest enforcement windows in the country. If you record on day 85 after completion, you have about three months to get a complaint filed in superior court.
Statutory lien waiver forms
California's lien waiver rules are strict. A waiver and release is effective only if it substantially follows one of four statutory forms in Civil Code 8132, 8134, 8136, and 8138: conditional and unconditional waivers on progress payment, and conditional and unconditional waivers on final payment. A conditional release binds only with evidence of payment, such as your endorsement on a check the bank has paid. Do not sign an unconditional form until the money is in hand, because in it you state that you have already received the payment.
Residential and homeowner jobs
There is no special homeowner exemption from liens. CSLB tells owners they can end up paying twice if the direct contractor does not pay subs and suppliers, and it advises them to track preliminary notices, use joint checks, collect conditional releases before paying, and withhold the next payment until unconditional releases for the previous one arrive. Expect homeowners who read that guidance to ask for waivers at every draw.
Public works use stop payment notices and bonds
Public property cannot be liened. Under 9550, a direct contractor awarded a public works contract over $25,000 must give a payment bond before work starts. Under 9100, unpaid subs, suppliers, and laborers may serve a stop payment notice on the public entity or claim on the bond; the direct contractor may not. Preliminary notice rules apply on public work too, so serve the 20-day notice on every job.
More California rules: California prevailing wage and California prompt payment. Smart Business Automator tracks notice dates, waivers, and last-work dates per job, which matters when 30 days is all you get; see construction accounts receivable automation.
Frequently asked questions
When is the California preliminary notice due?
Within 20 days after you first furnish work (Civil Code 8204). A late notice still works, but only for work furnished from 20 days before service onward.
How long does a subcontractor have to record a lien in California?
Within 90 days after completion of the project, or 30 days after the owner records a notice of completion or cessation, whichever is earlier (Civil Code 8414).
How long does a direct contractor have to record a lien in California?
Within 90 days after completion of the project, or 60 days after a recorded notice of completion or cessation, whichever is earlier (Civil Code 8412).
How long does a California mechanics lien last?
90 days after recording. If a foreclosure action is not filed by then, the lien expires and is unenforceable (Civil Code 8460).
Are California lien waivers on a required form?
Yes. Waivers must substantially follow one of the four statutory forms in Civil Code 8132 to 8138 to be effective.
Can I lien a public project in California?
No. Use a stop payment notice to the public entity or a claim against the payment bond, which is required on public works contracts over $25,000 (Civil Code 9100, 9550).
Sources
- CSLB: How to prevent a mechanics lien
- CSLB: What if a mechanics lien is filed on your property
- CSLB: Conditional and unconditional waiver and release forms
- California Business and Professions Code 7048: Minor work exemption (statute text via public.law)
- California Civil Code 8180: Completion (statute text via public.law)
- California Civil Code 8200: Preliminary notice (statute text via public.law)
- California Civil Code 8204: Preliminary notice timing (statute text via public.law)
- California Civil Code 8302: Design professional lien (statute text via public.law)
- California Civil Code 8400: Persons with lien rights (statute text via public.law)
- California Civil Code 8412: Direct contractor recording deadline (statute text via public.law)
- California Civil Code 8414: Other claimants' recording deadline (statute text via public.law)
- California Civil Code 8460: Enforcement deadline (statute text via public.law)
- California Civil Code 9100: Public works claimants (statute text via public.law)
- California Civil Code 9550: Public works payment bond (statute text via public.law)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.