A mechanics lien is the strongest tool a California sub has when payment stops. It's also easy to lose, because every step has a deadline that runs whether or not anyone tells you about it.
Here are the dates for a subcontractor or supplier on a private project, in the order you'll meet them.
1. Within 20 days of first furnishing: preliminary notice
No preliminary notice, no valid lien (Civil Code section 8200). Send it within 20 days of your first delivery or day of work. Our article on the 20-day notice covers how.
2. The recording window
Civil Code section 8414 says a claimant other than the direct contractor must record its claim of lien after it stops providing work, and before the earlier of:
- 90 days after completion of the work of improvement, or
- 30 days after the owner records a notice of completion or a notice of cessation.
Two traps sit inside that rule.
"Completion" usually means the whole project, not your scope. If you finished your rough-in in March and the building is completed in November, your 90 days usually run from November. Under Civil Code section 8180, completion also happens when the owner occupies or uses the property and labor stops, or when labor stops for 60 days in a row. One exception: where the owner splits the project across several direct contracts, it can record a notice of completion for just one of them (Civil Code section 8186), which starts the clock for subs working under that contract.
A notice of completion shrinks the window to 30 days. The owner records it, and the 30 days start from recording. With some exceptions, such as an owner-occupied home with four or fewer units, the owner must send a copy within 10 days to everyone who gave them a preliminary notice (Civil Code section 8190). If you didn't send a preliminary notice, you may not hear about it at all. If the owner was required to send you a copy and didn't, the recorded notice doesn't shorten your time.
3. Within 90 days of recording: file suit
This is where most liens die. Civil Code section 8460 says you must start a lawsuit to enforce the lien within 90 days after recording it. If you don't, the lien "expires and is unenforceable". Recording a lien and waiting for the GC to call is not a strategy.
4. Every payment along the way: the right release form
Each progress payment comes with a lien waiver. Sign a conditional form until the money has actually cleared. Our article on conditional and unconditional waivers explains the four California forms.
The calendar on one page
| Event | Deadline | Where it comes from |
|---|---|---|
| Preliminary notice | 20 days after you first furnish work | Civil Code 8204 |
| Record your lien | After you stop work, and by the earlier of 90 days after completion or 30 days after a recorded notice of completion or cessation | Civil Code 8414 |
| Sue to enforce | 90 days after recording | Civil Code 8460 |
Public works are different: you can't lien public property, so stop payment notices and payment bond claims do the job instead, with deadlines of their own.
What your subcontract should say
- Nothing that waives lien rights in advance. Civil Code section 8122 voids that kind of language unless it's done through the statutory release forms, but it's cleaner not to sign it.
- A promise from the GC to tell you when a notice of completion or cessation is recorded.
- Retainage that's released on a set schedule, so you're not left waiting past your lien window to find out whether you'll be paid.
General information, not legal advice about your situation. Reading it doesn't create an attorney-client relationship. Attorney advertising. ReCo.Legal is not a law firm; legal services are provided by independent, licensed attorneys.