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	None.	Must be filed within 60 days from filing of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work. Action to enforce due 90 days after recording of claim.
	Preliminary 20-Day notice must be served on owner, prime contractor and lender (if any) within 20 days of first providing materials or labor. Tardy notice only effective for work done in the preceding 20 days.	Must be filed within 60 days from filing of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work. Action to enforce due 90 days after recording of claim.
	Preliminary 20-Day notice must be served on owner, prime contractor and lender (if any) within 20 days of first providing materials or labor. Tardy notice only effective for work done in the preceding 20 days.	Must be filed within 60 days from filing of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work. Action to enforce due 90 days after recording of claim.

California Mechanics Lien & Prelim Notice
Frequently Asked Questions

California Notice FAQs

Is preliminary notice required in California to file a California Mechanics Lien?

In most cases, yes. If you did not contract directly with the property owner, you are required to deliver a 20-day Preliminary Notice within 20 days of first furnishing labor, services or materials to the construction project.

Who must receive the California 20-Day Preliminary Notice?

The California 20-day Preliminary Notice must be sent to the property owner and the prime contractor. If there is a construction lender for the project, the preliminary notice must also be sent to that lender.

What are the rules for sending a California 20-Day Preliminary Notice?

The California 20-Day Preliminary Notice must be served personally (via hand delivery), or by registered or certified mail. You cannot serve this document by regular us mail, or common carrier such as FedEx. Not only must you send the notice, but you must prove that you sent the notice. California requires two elements of proof that a 20-Day Preliminary Notice was sent: (1) An affidavit of delivery; and (2) Post office records or a return receipt (if sent by mail).

Must The California 20-Day Preliminary Notice Be SENT within 20 Days of First Furnishing, or Actually Received.

If delivered by personal hand delivery, the delivery must be made within the 20 days. But, in the event of mail delivery (which is most common), California Civil Code § 3097(f)(3) provides that “service is complete at the time of the deposit of that registered or certified mail.” Therefore, it must only be sent within the 20 day period.

Are There Any Exceptions to the California 20-Day Preliminary Notice Rule?

There is a common law exception to the California 20-Day Preliminary Notice requirement, but it is best to not play with this fire. The exception applies if the property owner has actual knowledge about the lien claimant’s participation in the project. This was developed in the case Truestone, Inc. v. Simi West Industrial Park II (1985) 163 Cal.App.3d 715.

California Mechanics Lien FAQs

What Is The Deadline To File A California Mechanics Lien

The usual deadline to file a California mechanic liens is 90 days from completion or abandonment of the entire construction project, and not simply your work. If a “Notice of Completion” or “Notice of Cessation” is filed on the project (which is rarely done), the period is shortened to only 60 days.

How Do I Know When The Project Is Finally Complete If I Finished Well Before The Project Finished?

Unfortunately, there’s no way to know. We frequently work with suppliers in other states who have no way of figuring out when the California project is completed. The safest thing to do in that instance is to file your California mechanics lien within a 90 day period from when you completed work, as there’s no guarantee you’ll get any notice of the entire project’s completion. Sometimes, it may be helpful to get a copy of the construction schedule, which at least gives you an estimated date of completion.

Who Does Not Have Mechanic Lien Rights in California?

Unlicensed contractors cannot file a California mechanics lien. Further, only those parties who contracted with the property owner, the prime contractor, a subcontractor, or one of their agents is entitled to file a California mechanics lien (i.e. are not too far down the contracting chain).

Can I include damages, penalties, interest or costs in my California Mechanics Lien?

No. While all of these damages and expenses may be ultimately recoverable, they are not allowed to be included in your California mechanics lien. For more discussion about this, read this blog article: What Costs Can I Include In A Mechanics Lien?

Can I File An Mechanics Lien Extension in California?

Yes, California mechanics liens may be extended by filing a mechanics lien extension, referred to as a Notice of Credit. However, the lien claimant must have the signed consent of the property owner to file the extension. Therefore, these are normally reserved for lien claimants who are negotiating with the property owner and require additional time, to which all parties agree.

How Do I File A California Mechanics Lien?

The easiest way to file a California Mechanics Lien is to order one from Zlien. Zlien is a licensed legal document preparation company in California, and for a flat fee, will professionally prepare your California mechanics lien claim, file it with the county recorder, pay all recording and service fees, serve the lien on the property owner, and research the property owner and legal property description. You can file a California Mechanics Lien with the Zlien Lien Wizard, or file it by sending in a Lien Fax Order Form.

What Laws Changed That Relate to California Mechanics Lien?

A lot of laws changed in January 2011 with California mechanics lien laws, which largely required a different notice to be added to the lien form and for more stringent service requirements upon the property owner. Additional law changes will come into effect in January 2012. Zlien’s industry-leading Construction Lien Blog will keep you up to date on the lien laws in California, check it out here: California Coverage on the Construction Lien Blog.

NOTICE REQUIREMENTS

California requires that all parties (except laborers) who did not contract with the property owner to
send a 20-Day Preliminary Notice to preserve lien rights.

- Must be sent to Property Owner, Prime Contractor and the Construction Lender (if any);
- Must send, and keep an affidavit of delivery.
-  Must be sent within 20 days from when Labor or Materials first delivered to the project.
-  If sent after this 20-day period, notice only preserves party’s right to lien for labor or materials furnished within 20 days of the notice’s delivery.
-  Must be sent by anyone working on a construction project who did not contract with the property owner.

THE MECHANIC’S LIEN

Referred to as “Claim of Lien”
-  When Notice of Cessation or Notice of Completion is filed, Prime Contractors must file a Mechanic’s Lien within 60 days from the filing, and all others must filed within 30 days from the filing.
-  If Notice of Cessation or Notice of Completion is not filed, all parties shave 90 days after completion of the work of the improvement to file the Mechanic’s Lien.
-  Action to enforce the mechanic’s lien must be instituted within 90 days from the filing of the mechanic’s lien.
-  Filed with County Recording Office
-  If you don’t foreclose on your mechanic’s lien, you are required to release it. Failing to do so can subject you to statutory penalties of up to $2000.00 for the property owner’s legal costs in getting the mechanic’s lien removed.

TERMINOLOGY

Notice of Cessation is an instrument filed & signed by an owner that stipulates when work was discontinued on a project.

Notice of Completion is an instrument filed & signed by an owner that stipulates when work was completed on a project.

Completion of the Work is defined by §3086 as the actual completion of work signified by (1) occupation or use of work and a cessation of labor; (2) acceptance by owner of work; (3) stop of labor for 60 continuous days.

Prime Contractor is the party who contracts directly with the property owner.

RESOURCES

Posts on Construction Lien Blog about California Mechanic’s Liens and Notices