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	Preliminary 20-Day notice must only be served on the construction 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 30 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 30 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 Frequently Asked Questions

It’s easy to file a California mechanics lien with Zlien, the nation’s leading mechanics lien compliance manager and filing service. Zlien prepares California mechanics liens, stop payment notices, lien releases and cancellations, preliminary notices and more. To learn more about California’s mechanics lien laws, read the frequently asked questions below.

California Mechanics Lien FAQs

Who Can File a Mechanic’s Lien?

The following parties are entitled to mechanics’ lien rights in California: Direct Contractor; Subcontractor; Material Supplier; Equipment Lessor; Laborer; Design Professional; Person providing work authorized for a site improvement.  For all parties, of course, it is required that the party provided work authorized for a work of improvement.
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When is the Deadline to File a Mechanic’s Lien?

A direct contractor must record his claim of lien after completion of the direct contract, and before the earlier of either: Ninety (90) days after completion of the work of improvement; or Sixty (60) days after the owner records a Notice of Completion or Cessation.

A claimant other than a direct contractor must record his mechanics’ lien after the claimant ceases to provide work, and before the earlier of either: Ninety (90) days after completion of the work of improvement; or, Thirty (30) days after the owner records a Notice of Completion or Cessation.
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Do I Need to Send Notice the Lien Was Recorded?

Yes.  A copy of the Claim of Mechanics Lien (including the required Notice of Mechanics Lien wording) must be served on the owner or reputed owner of the property.  Service may be accomplished by sending the lien registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the owner or reputed owner at the owner’s or reputed owner’s residence or place of business address or at the address shown by the building permit on file with the authority issuing a building permit for the work.  Service is complete at the time of mailing.

Failure to comply with these service requirements will cause a California Mechanics Lien to be unenforceable as a matter of law.
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Can I include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?

No.  The lien is limited to the reasonable value of the work provided by the claimant, or the price agreed to by the claimant and the person who contracted for the work (less payments already received).  However, if you foreclose on the lien, the court may award the prevailing party the money paid for recording the lien, and attorney’s fees, as costs.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?

California has a relatively short time in which to enforce a valid Mechanics Lien.  In California, it is required that a mechanic’s lien be enforced within Ninety (90) days from the date on which the lien was recorded.  If this 90-day period passes without an action being commenced to enforce the lien, the lien expires.  However, in California it is possible to extend the time in which an action to enforce must be commenced if the claimant and the owner agree to extend credit pursuant to California law.  In this instance the action to enforce must be commenced within 90 days after the expiration of the credit, but in no case more than 1 year after completion of the work of improvement.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?

No.  A California mechanic’s lien has priority over liens that attached to the property after the commencement of the work of improvement, or was unrecorded at the commencement of the work of improvement and of which the claimant had no notice.

Also, a mortgage or deed of trust that would otherwise be subordinate to a mechanics lien according to the above requirements, has priority over the mechanics lien after recordation of a valid payment bond if the bond refers to the mortgage or deed of trust, and the bond is in an amount not less that 75 percent of the principal amount of the mortgage or deed of trust.
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Must the Lien Include a Legal Property Description?

No.  To be valid, a mechanic’s lien in California must only include a description of the site sufficient for identification.
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Must the Lien be Notarized?

No.  A mechanic’s lien in California must only be verified to be valid.
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Can I File a Lien if I’m Unlicensed?

No.  California law requires contractors who are required to be licensed, to actually be licensed in order to file a valid mechanics lien.
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Can I File a Lien on a Condominium Project?

Yes.  You in California, you may file a lien against both an individual condominium (for work done to benefit that unit), and against each individual condominium in the association (for work done on common elements) provided you follow the legal requirements, and had the owner’s consent to perform the work.
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Who Cancels the Lien if/when I get Paid?

If the underlying obligation is paid, or if the time for commencement of the enforcement of the lien passes, the claimant may be required to cancel the lien and have it removed form the record.
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California Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

Yes.  California law requires that a preliminary notice must be sent prior to recording a mechanics’ lien, giving stop payment notice, or asserting a claim against a payment bond as a prerequisite for validity.  The failure to provide a Preliminary Notice to all required parties, and in compliance with the form and time requirements set forth is fatal to a lien in California.

However, a laborer is not required to give preliminary notice, and a claimant with a direct contractual relationship with the owner of the property is only required to give preliminary notice to the construction lender, if any.
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When do I Need to Send a Preliminary Notice?

The Notice must be given no later than 20 days after the claimant has first furnished labor or materials to fully protect the lien claimant.  A lien claimant who failed to provide a 20-day Notice within 20 days of first providing labor or materials may provide the notice at a later date, but will only retain lien rights for materials and/or labor furnished within the 20 days preceding the late notice, and the labor and/or materials provided thereafter.
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What if I Send the Preliminary Notice Late?

If you miss the required date, all is not necessarily lost.  A lien claimant who failed to provide a 20-day Notice within 20 days of first providing labor or materials may provide the notice at a later date, but will only retain lien rights for materials and/or labor furnished within the 20 days preceding the late notice, and the labor and/or materials provided thereafter.  A notice should be filed, even if it is late, because the failure to provide a notice at all is absolutely fatal to a mechanic’s lien in California.
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How Should the Preliminary Notice be Sent?

The Preliminary 20-day Notice shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier.
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Do I Have to Send the Preliminary Notice to Someone Other than the Owner?

Yes.  In California, the Preliminary Notice must be given to the owner or reputed owner, the direct contractor, and the construction lender (if any).
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Requirement met when sent or delivered?

In California, the preliminary notice must be SENT within the 20 day notice period, and actual delivery is not required within the period. The requirement is considered met if properly sent within the period.
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