A mechanic's lien is a legal claim against a property when a contractor, subcontractor, or supplier is not paid for work or materials

In California, a mechanic's lien gives unpaid workers and suppliers a way to find payment by placing a claim on the property itself—not just against the property owner's bank account. If you perform work or supply materials to improve real property in California and don't get paid, you can file a lien that clouds the title. The property owner cannot sell, refinance, or transfer the property cleanly until the lien is resolved.

The lien exists under California's mechanics lien law, codified primarily in the California Civil Code sections 8000–8800. It applies to residential, commercial, and industrial projects. The process has strict timelines and notice requirements, and missing a important date can cost you the right to file entirely.

Key Takeaways

  • California mechanics liens attach to the property itself, not just the owner's personal assets, and can prevent sale or refinancing until paid or released.
  • You must file a lien within 90 days of the last date you provided labor, materials, or services; missing this important date bars the lien permanently.
  • Before filing, you must serve a preliminary notice on the property owner, general contractor, and lender within 20 days of first providing work or materials, or you lose the right to file a lien.
  • A lien claim must be filed with the county recorder in the county where the property is located and must include specific information about the work, the amount owed, and the property description.
  • The property owner or general contractor can force a lawsuit to enforce the lien within 90 days of filing; if no lawsuit is filed within that window, the lien expires.

Who Can File a Mechanic's Lien in California

California law allows several categories of people to file a lien. Contractors who contract directly with the property owner can file. Subcontractors who work for a contractor (not directly for the owner) can file. Suppliers who provide materials to the job site can file. Equipment lessors who rent machinery for the project can file. Even laborers who work for a contractor or subcontractor have lien rights in California, though the process differs slightly for wage claims.

The key requirement is that you must have a direct contractual relationship with someone in the chain—either the owner, the contractor, or a subcontractor. You cannot file a lien straightforward because you did work on a property; you must have been hired to do it and not been paid.

The Preliminary Notice Requirement

Before you can file a lien, California requires you to serve a preliminary notice on three parties: the property owner, the general contractor, and the construction lender (if there is one). This notice must be served within 20 days of the first date you provided labor, materials, or services to the project.

The preliminary notice informs these parties that you have lien rights and that you will file a lien if you are not paid. It must include your name and address, a description of the work or materials you provided, the property address, and the name of the person who hired you. You can serve it by personal delivery, email, fax, or certified mail.

If you fail to serve the preliminary notice within 20 days, you lose your right to file a lien. This is one of the most common reasons contractors and suppliers lose lien rights. Some exceptions exist for owner-occupied residential properties of four units or fewer, but the safer approach is always to serve notice.

Filing the Lien Claim with the County Recorder

Once you have served the preliminary notice and the work is complete (or you have stopped work because you were not paid), you can file the actual lien claim. You must file it within 90 days of the last date you provided labor, materials, or services. This 90-day window is absolute; California courts do not extend it.

The lien claim must be filed with the county recorder in the county where the property is located. You cannot file it with a state office or a court; it goes to the local recorder's office. The claim must include the claimant's name and address, the property owner's name, a legal description of the property (or the street address if a legal description is not available), the amount of the claim, the dates work began and ended, and a description of the work or materials provided.

Filing fees vary by county but typically range from $50 to $150. Some counties allow electronic filing; others require a paper document. Contact your county recorder's office to confirm the current process and fee.

What Happens After You File the Lien

Once the lien is filed and recorded, it becomes a public record and clouds the property title. The property owner will discover it when they try to refinance or sell. The lien does not automatically force payment; it creates leverage. Many property owners or contractors will negotiate and pay once a lien is filed because they cannot close a transaction with a lien in place.

However, the property owner or general contractor can challenge the lien by filing a lawsuit within 90 days of the filing date. If they file suit, they are asking a court to determine whether the lien is valid and whether you are owed the amount claimed. If no lawsuit is filed within 90 days, the lien remains in place but does not automatically convert to a judgment.

To enforce the lien and actually collect money, you must file a separate lawsuit (called a foreclosure action) within one year of filing the lien. This lawsuit forces the sale of the property to satisfy the lien, though in practice most cases settle before that point.

Releases and Waivers of Lien Rights

Contractors, subcontractors, and suppliers often sign lien waivers when they receive payment. A lien waiver is a document in which you agree to give up your right to file a lien in exchange for payment. California distinguishes between conditional waivers (which release lien rights only if the check clears) and unconditional waivers (which release lien rights regardless of whether payment is received).

Many contractors and suppliers sign unconditional waivers before the check has cleared, which is risky. If the check bounces or payment is reversed, you have already waived your lien rights and have no remedy. California law allows you to sign a conditional waiver instead, which protects you if the payment fails. Read any waiver carefully before signing, and consider whether you should sign a conditional version instead.

Exceptions and Special Rules for Residential Properties

California has different rules for owner-occupied residential properties with four or fewer units. On these properties, the preliminary notice requirement is waived if you have a direct contract with the owner. However, if you are a subcontractor or supplier working for a contractor (not directly for the owner), you still must serve preliminary notice, even on a small residential property.

Additionally, on owner-occupied residential properties, the property owner can require that payment be made to a joint check account held by the owner and contractor together. This protects the owner but can complicate payment for subcontractors and suppliers. Understand these rules before bidding on residential work.

Common Mistakes That Eliminate Lien Rights

The most frequent error is missing the 20-day preliminary notice important date. Contractors and suppliers often assume they can file a lien anytime within 90 days of the last work date, but the preliminary notice must go out within 20 days of the first work date. If you start work on January 1 and do not serve notice until January 25, you have lost your lien rights, even if you file the lien claim within 90 days.

A second common mistake is serving the preliminary notice on the wrong parties or in the wrong way. You must serve the owner, the general contractor, and the lender. Serving only one of them is not enough. You must also serve it correctly—email, fax, personal delivery, or certified mail all work, but informal notice does not.

A third mistake is filing the lien claim with the wrong county recorder. If the property is in Kern County, you must file with the Kern County Recorder, not the state. Filing with the wrong office means the lien is not recorded and has no effect.

Frequently Asked Questions

Can I file a mechanic's lien if I am a laborer paid by the day?

Yes, but the process is different. California law protects wage earners separately through the Wage Lien Law. You must file a wage lien claim within 90 days of the last date you worked, and you must have served preliminary notice within 20 days of first working on the project. Consult an attorney or your local labor board for the specific steps, as wage liens have additional requirements.

What if the property owner says they already paid the general contractor?

That is not a defense to your lien. If the owner paid the contractor but the contractor did not pay you, you still have a lien against the property. The owner's remedy is to sue the contractor for breach of contract, not to dispute your lien. This is why owners often require contractors to provide lien waivers from all subcontractors and suppliers before final payment.

How long does a mechanic's lien stay on the property?

A filed lien remains in place until it is paid, released, or expires. If you do not file a lawsuit to enforce the lien within one year of filing it, the lien expires and is no longer enforceable. However, the lien remains recorded on the title until you formally release it or a court orders its removal.

Can I file a lien if I signed a contract that says I waive lien rights?

It depends on the language. Some contracts include blanket waivers of lien rights, which California courts have found unenforceable in certain circumstances. However, signing a lien waiver after receiving payment is generally binding. Consult an attorney before signing any contract that waives lien rights, especially if you are a subcontractor or supplier with limited bargaining power.

What is the difference between a mechanic's lien and a judgment lien?

A mechanic's lien is filed before a lawsuit and attaches to the property based on work performed. A judgment lien is filed after you win a lawsuit and attaches to the property based on the court's order. A mechanic's lien is often faster and does not require a lawsuit, but it expires if you do not file suit within one year. A judgment lien lasts longer but requires you to go to court first.