California Mechanics Lien
A complete guide to filing, enforcing, and protecting your lien rights under California Civil Code Sections 8400–8494.
What Is a Mechanics Lien?
A mechanics lien (sometimes called a construction lien or materialman's lien) is a legal claim recorded against real property to secure payment for labor, materials, equipment, or services furnished for a work of improvement. In California, the right to file a mechanics lien is established under Civil Code Section 8400, which states that a person who provides work authorized for a construction project has a lien right upon the property being improved.
The mechanics lien is one of the most powerful payment remedies available to construction participants. It creates a security interest in the property itself, meaning the property owner cannot sell or refinance the property with a clear title until the lien is resolved. If necessary, the lien claimant can foreclose on the property to satisfy the debt, just as a mortgage lender can foreclose for an unpaid loan.
California's mechanics lien law is codified in Civil Code Sections 8000–8848, which were reorganized and modernized effective July 1, 2012. These statutes govern lien rights, preliminary notice requirements, recording procedures, and enforcement timelines.
Who Can File a Mechanics Lien in California?
Under Civil Code Section 8400, the following parties have the right to record a mechanics lien if they have furnished labor, services, equipment, or materials for a work of improvement:
- General contractors (direct contractors) who have a contract with the property owner
- Subcontractors of any tier who perform work on the project
- Material suppliers who furnish materials incorporated into the work of improvement
- Equipment lessors who rent equipment used on the project
- Laborers who perform work on the project (Civil Code Section 8404)
- Design professionals, including architects, engineers, and land surveyors who provide services for the project
To qualify, the claimant must have furnished labor or materials at the request of, or with the consent of, the property owner or the owner's agent. The work must also be part of a "work of improvement" as defined in Civil Code Section 8050, which includes construction, alteration, repair, demolition, or removal of any building, structure, or improvement.
Key statutes: Civil Code §8400, §8404, §8050
Filing Requirements & Deadlines
California imposes strict deadlines for recording and enforcing a mechanics lien. Missing any deadline results in the permanent loss of lien rights.
Preliminary Notice Requirement
Most claimants (other than direct contractors and laborers) must serve a 20-day preliminary notice under Civil Code Section 8200 to preserve their lien rights. The preliminary notice must be served on the property owner, the general contractor, and the construction lender (if any) within 20 days of first furnishing labor or materials. Failure to serve a timely preliminary notice limits the claimant's lien to work performed within 20 days before the notice was actually served, plus all work after service. Learn more about California preliminary notices.
Recording Deadlines
- Direct contractors: Must record the mechanics lien within 90 days after completion of the work of improvement (Civil Code §8412)
- All other claimants: Must record within 90 days after completion of the work of improvement, or 60 days after the owner records a notice of completion or notice of cessation, whichever is earlier (Civil Code §8414)
Enforcement Deadline
After recording, the claimant must commence a foreclosure action within 90 days under Civil Code Section 8460. If the property owner serves a demand to the claimant under Section 8462, the enforcement deadline is shortened to 30 days from the date of the demand. Failure to file the lawsuit within the applicable period renders the lien void and unenforceable.
Where to Record
The mechanics lien must be recorded with the county recorder's office in the county where the property is located. The lien must contain the information required under Civil Code Section 8416, including a description of the work performed, the amount of the claim, the name of the property owner, and a description of the property sufficient for identification.
Step-by-Step Filing Process
Follow these steps to properly record and enforce a mechanics lien in California:
Serve a Preliminary Notice
If you are a subcontractor, material supplier, or equipment lessor, serve a 20-day preliminary notice on the property owner, general contractor, and construction lender within 20 days of first furnishing labor or materials (Civil Code §8200). File a preliminary notice now.
Complete Work or Delivery
Finish furnishing labor, materials, or equipment on the project. Document everything: keep records of contracts, invoices, change orders, delivery receipts, and daily logs. Thorough documentation strengthens your lien claim.
Prepare and Record the Mechanics Lien
Draft the mechanics lien claim using the form prescribed in Civil Code §8416. Include your name, the property owner's name, a description of the work or materials, the amount claimed, and a legal description of the property. Record the lien with the county recorder in the county where the property is located within the applicable deadline.
Serve Copy on Property Owner
Within 10 days after recording the mechanics lien, serve a copy of the recorded lien on the property owner by personal delivery, first-class mail, or certified mail (Civil Code §8416(c)). Failure to serve the copy does not invalidate the lien but may expose you to liability for resulting damages.
Enforce Within 90 Days
File a foreclosure lawsuit in the superior court of the county where the property is located within 90 days after recording the lien (Civil Code §8460). If the owner serves a written demand to commence the action, you have only 30 days to file (Civil Code §8462). Record a lis pendens to provide notice of the pending action.
Important: Preliminary Notice Required First
In California, most claimants must serve a preliminary notice before they can file a mechanics lien. If you are a subcontractor, material supplier, equipment lessor, or any party other than a direct contractor or laborer, you are required to serve a 20-day preliminary notice under Civil Code Section 8200 to preserve your full lien rights.
Without a timely preliminary notice, your lien rights are severely limited. You may only claim payment for work furnished within 20 days before the notice was actually served, plus work performed after service. This can mean losing thousands of dollars in lien coverage.
Do not wait until you have a payment dispute to think about your preliminary notice. The best practice is to serve the notice within the first 20 days of every project, regardless of whether you expect payment problems.
Read our complete guide to California preliminary notices or file your preliminary notice now.
Frequently Asked Questions
Direct contractors must record a mechanics lien within 90 days after completion of the work of improvement (Civil Code §8412). Subcontractors and suppliers must record within 90 days after completion, or 60 days after the owner records a notice of completion or cessation, whichever is earlier (Civil Code §8414). "Completion" is defined in Civil Code §8180 and can mean actual completion, cessation of labor for 60 continuous days, or recordation of a notice of completion.
Yes, for most claimants. Under Civil Code §8200, subcontractors, material suppliers, and equipment lessors must serve a 20-day preliminary notice on the property owner, general contractor, and construction lender to preserve their mechanics lien rights. Direct contractors (those with a contract directly with the owner) and laborers are exempt from the preliminary notice requirement. Without a preliminary notice, your lien amount is limited to work performed within 20 days before the notice was served, plus work after service. Learn more about the preliminary notice requirement.
Any person who provides labor, services, equipment, or materials for a work of improvement on real property has the right to record a mechanics lien under Civil Code §8400. This includes general contractors, subcontractors of any tier, material suppliers, equipment lessors, laborers, architects, engineers, and land surveyors. The claimant must have a direct or indirect contractual relationship with the property owner, and the work must have been authorized.
After recording your mechanics lien, you must file a foreclosure lawsuit within 90 days (Civil Code §8460). The lawsuit is filed in the superior court of the county where the property is located. If the property owner serves you with a written demand to commence the foreclosure action under Civil Code §8462, the deadline is shortened to 30 days. If you do not file suit within the applicable deadline, the lien expires by operation of law and becomes unenforceable. The property owner may then record a petition to cancel the lien under Civil Code §8480. It is advisable to also record a lis pendens (notice of pending action) to ensure the lien remains effective against subsequent purchasers.
Start with a Preliminary Notice
Protect your mechanics lien rights from day one. Serving a preliminary notice is the essential first step to securing your ability to file a lien if you are not paid.
Legal Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Mechanics lien law is complex, and the specific requirements, deadlines, and procedures may vary depending on the facts of your situation. California Civil Code Sections 8000–8848 govern mechanics lien rights and are subject to legislative amendment. This content is current as of its publication date but may not reflect subsequent changes to the law. For advice specific to your circumstances, consult a licensed California attorney. Prelien is a technology platform that assists with document preparation and is not a law firm.