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California Construction Lien Guide

California Construction Lien Guide

California lien laws are governed by California Civil Code §§ 8000–9566.


If you provide labor, materials, equipment, or professional services that improve real property in California, this guide explains everything you need to know to protect your lien rights: required notices, strict deadlines, filing requirements, and enforcement rules.


In California, the terms Mechanics Lien, Construction Lien, and Claim of Lien are commonly used to describe the same lien right.

LET’S LEARN THE BASICS OF CALIFORNIA CONSTRUCTION LIENS

⭐ Who Can File a Mechanics Lien in California?

California grants lien rights to parties who contribute to the improvement of real property, including general contractors, subcontractors, sub-subcontractors, material suppliers, equipment rental companies, laborers, restoration contractors, and design professionals such as architects and engineers. If you furnished labor, materials, equipment, or professional services to a California project and were not paid, you likely have lien rights under California law.

⭐ California Lien Deadlines (Critical)

LIEN IT OR LOSE IT! California lien law is extremely strict. Missing a notice or deadline can completely invalidate lien rights. Contractors should be aware of two key deadlines, along with California’s mandatory preliminary notice requirement.


Deadline #1: File a California Mechanics Lien


In California, a mechanics lien must be recorded by the earlier of the following:


    For anyone that has a direct contract with the owner, ex. General contractor

  • 90 days after completion of the work, or

  • 60 days after the owner records a Notice of Completion or Notice of Cessation

    For anyone who does not have a direct contract with the owner, ex. Subcontractor

  • 90 days after completion of the work, or

  • 30 days after the owner records a Notice of Completion or Notice of Cessation

If the lien is not recorded within the applicable timeframe, lien rights are permanently lost.


Deadline #2: Enforce a California Mechanics Lien


After recording a lien, it must be enforced by filing a foreclosure lawsuit within 90 days of the lien recording date, unless the owner records a Notice of Credit extending the deadline.


If enforcement is not timely pursued, the lien automatically expires.

BEFORE YOU CAN FILE A CALIFORNIA MECHANICS LIEN, YOU MUST UNDERSTAND CALIFORNIA’S MANDATORY PRELIMINARY 20-DAY NOTICE REQUIREMENT. THIS IS ONE OF THE MOST IMPORTANT LIEN STEPS IN CALIFORNIA.


What Is a California Preliminary 20-Day Notice Notice?


A California Preliminary Notice is a legal document that serves one primary purpose:


A preliminary notice serves one purpose: to inform the property owner, general contractor, and construction lender that you are providing labor, materials, or services to the project and may file a lien if you are not paid.

The notice protects lien rights by formally identifying potential lien claimants early in the project.


Who Must Send a California Preliminary 20-Day Notice?


In California, nearly everyone must send a preliminary notice, including:

  • Subcontractors

  • Sub-subcontractors

  • Material suppliers

  • Equipment rental companies

  • Design professionals

  • In many cases, general contractors

Failing to send the preliminary notice is one of the most common reasons a California lien fails.


Who Does NOT Need to Send a California Preliminary 20-Day?

  • Laborers (wage earners)

  • Claimants who have a direct contract with the owner andno construction lender is involved (limited situations)

California Preliminary Notice Deadline


The preliminary notice must be served: Within 20 days of first furnishing labor, materials, or services.


If the notice is sent late, lien rights are limited to work performed 20 days prior to service and forward.

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