What a California mechanics lien does
A mechanics lien is a legal claim against a property that lets construction workers, contractors, and material suppliers get paid when a property owner or general contractor doesn't pay them. Instead of suing for money you may never collect, you can file a lien that attaches to the building itself — which means the property owner cannot sell, refinance, or get a clear title without dealing with your claim first.
California law creates this tool specifically because construction work is risky: you improve someone else's property, but if they don't pay, you have no collateral and no straightforward way to recover. A lien gives you leverage. The property owner will usually pay rather than have their property tied up, and if they don't, you can force a sale of the property to satisfy the debt.
The catch is timing and procedure. You must follow California's rules exactly — missing a important date or skipping a required notice can wipe out your right to file. The state also limits who can file, what work qualifies, and how much time you have at each step.
Key Takeaways
- You must send a preliminary notice to the property owner, general contractor, and lender within a specific window — usually before or shortly after you start work — or you lose the right to file a lien later.
- You have 90 days from the last day you worked or supplied materials to file your lien with the county recorder, and the notice must include specific language and your contractor's license number if you have one.
- The property owner has 30 days after you file to demand a hearing, and if they do, you must file a lawsuit within 90 days or your lien expires.
- Liens on residential properties (one to four units) have stricter rules than commercial liens, including lower dollar limits and shorter important date in some cases.
- If you are a subcontractor or material supplier, you must follow different notice rules than a general contractor, and you cannot lien the property owner directly unless the general contractor was paid and did not pay you.
Who can file a mechanics lien in California
California law allows several categories of people to file: general contractors, subcontractors, workers (including laborers), equipment lessors, and material suppliers. You do not need a contractor's license to file a lien, but if you do have one, you must include it on the lien document.
The key distinction is your relationship to the property owner. If you contracted directly with the owner, you can lien the property. If you worked for a general contractor or another subcontractor, your right to lien depends on whether you sent the required preliminary notice and whether the general contractor was paid but failed to pay you. This is where many subcontractors and suppliers lose their lien rights — they skip the preliminary notice and then discover they cannot lien the property owner directly.
Employees of a contractor cannot file a lien for unpaid wages; they must pursue other remedies through the labor commissioner or small claims court. However, independent contractors and sole proprietors who supplied labor can file.
The preliminary notice requirement
Before you can file a lien, you must send a preliminary notice to three parties: the property owner, the general contractor (if you are not the general contractor), and the construction lender (if one exists). This notice tells them you are working on the property and that you can file a lien if you are not paid.
The timing depends on who you are. If you are a general contractor, you must send the notice before you begin work or within two days after. If you are a subcontractor or supplier, you must send it before you begin work or within two days after — but the important date is earlier if the property owner or general contractor requests it in writing. Once requested, you have only one day to send it.
The notice must include your name and address, a description of the work or materials you will provide, the property address, and specific language stating that you have lien rights. California provides a statutory form (the "Preliminary Notice" form) that satisfies this requirement. You can send it by mail, email, or personal delivery. Email is fastest and creates a clear record of when it was sent.
If you do not send this notice, you cannot file a lien against the property owner — though you may still have other claims against the contractor who hired you. This is the most common reason subcontractors and suppliers lose their lien rights.
The 90-day filing important date
You have 90 days from the last day you worked or supplied materials to file your lien with the county recorder in the county where the property is located. This important date is strict; if you miss it, your lien right expires and you cannot recover through a lien.
The lien document itself must include your name and address, a description of the work or materials provided, the dates you worked or supplied materials, the total amount owed, the property address and legal description, and the name of the property owner. If you are a contractor with a license, you must include your license number. California provides a statutory form (the "Claim of Lien" form) that you can use.
You file the lien by delivering it to the county recorder's office in the county where the property sits. Most counties now accept electronic filing through their websites. Filing creates a public record and gives your claim priority as of the filing date — meaning it ranks ahead of later claims but behind earlier ones.
What happens after you file
Once you file a lien, the property owner has 30 days to demand a hearing. If they do, you must file a lawsuit within 90 days to enforce the lien, or it expires. If they do not demand a hearing within 30 days, the lien remains in effect and you can force a sale of the property to satisfy it — though the property owner can still pay you at any time.
If you do file a lawsuit, the case proceeds like any other civil claim. You must prove you did the work, that you were not paid, and that you followed all the preliminary notice and filing rules. The property owner may argue that they paid the general contractor, that the work was defective, or that you failed to follow procedure.
The property owner can also remove the lien by posting a bond equal to 1.25 times the lien amount. This bond substitutes the property owner's obligation, and your claim then attaches to the bond instead of the property. This is common when a property owner wants to sell or refinance before the lien is resolved.
Residential property liens have stricter rules
If the property is a residence (one to four units), California imposes additional restrictions. The most important is that a subcontractor or supplier cannot lien the property owner directly unless the general contractor was paid and failed to pay them. On a residential project, if the general contractor has not been paid, subcontractors and suppliers can only pursue claims against the contractor, not the property owner.
Residential liens also have a lower priority in some cases. If the property owner obtains a construction loan, the lender's interest may take priority over liens filed after the loan was recorded, depending on the timing and the type of work.
Additionally, on residential projects, the preliminary notice must be sent before work begins or within two days after — the same as commercial projects, but the consequences of missing this important date are more severe because your lien right disappears entirely.
Common mistakes that cost you your lien right
The most frequent error is failing to send the preliminary notice or sending it too late. Many subcontractors and suppliers assume they can file a lien after the fact if they are not paid, only to discover the important date has passed. Send the notice early, in writing, and keep proof of delivery.
The second mistake is missing the 90-day filing important date. Mark your calendar the day you finish work or deliver the last materials. Do not wait to see if you will be paid; file the lien within the window and withdraw it later if payment arrives.
The third mistake is filing a lien with incomplete information — missing the legal description of the property, omitting your contractor license number if you have one, or using language that does not match California's statutory requirements. Use the official forms provided by the county recorder or a template based on the statute.
The fourth mistake is filing a lien on a residential property as a subcontractor when the general contractor has not been paid. In this situation, your lien against the property owner is void; you can only pursue the contractor. Understand your position in the payment chain before you file.
Frequently Asked Questions
Can I file a lien if I was paid in full but the contractor owes me for something else?
No. A mechanics lien is only for unpaid work or materials on that specific project. If you are owed money for a different reason — a separate contract, a loan, or a personal debt — you cannot use a mechanics lien. You would need to pursue a regular lawsuit or small claims case.
What if the property owner says they paid the general contractor and it is not their fault I was not paid?
That is a common defense, but it does not eliminate your lien right. You can still enforce the lien against the property; the property owner's remedy is to sue the general contractor for paying the wrong person or not paying at all. However, if you are a subcontractor on a residential project and the general contractor has not been paid, you cannot lien the property owner — only the contractor.
How much does it cost to file a lien?
The county recorder charges a filing fee, which varies by county but is typically between $20 and $50. You may also want to consult an attorney to may support your lien is filed correctly, which would add legal costs. Some attorneys charge a flat fee for lien preparation; others charge hourly rates.
Can I file a lien if I am an employee, not a contractor?
No. Employees cannot file mechanics liens. If you are an employee and have not been paid, you can file a wage claim with the California Department of Industrial Relations or pursue a wage lawsuit, but not a lien. You must be an independent contractor or sole proprietor to file a lien.
What if I miss the 90-day important date?
Your lien right expires. You lose the ability to file a lien and must pursue other remedies — a lawsuit for breach of contract, a small claims case, or a wage claim if you are an employee. This is why it is critical to file within the 90-day window, even if you are still negotiating with the property owner or contractor.