California Mechanics Lien Laws

As a contractor, subcontractor, or materials supplier in the state of California, you need to know how to protect yourself from coming out on the losing end of a job by using California's lien laws (California Civil Code Subsection 3082, et seq) to your benefit.

Notice Requirements for Mechanics Liens in California

Primary Contractors in California

No preliminary notice is required of primary contractors under California law, but there are time limitations on filing claim of liens and other considerations for foreclosure on the lien. Primary contractors must record a claim of lien within sixty (60) days of notice of completion/notice of cessation, or (if neither of those is filed), within ninety (90) days of the completion of the work of improvement. If a primary contractor decides to file suit to foreclose the lien, they must do so within ninety (90) days of the date that your claim of lien is recorded.

Sub Contractors in California

Subcontractors must serve the project owner, original contractor, and construction lender with a Preliminary 20-Day Notice within 20 days of the first time that you provide labor and/or materials to the project. If you file notice after 20 days, then that notice only covers work and/or materials provided during the 20 days immediately preceding the notice, as well as all work/materials provided thereafter. If you are the actual laborer for wages, then no preliminary notice is required from you. However, you must record you Claim of Lien within thirty (30) days of notice of completion/notice of cessation, or if neither of those is filed, within ninety (90) days of the completion of the work of improvement. If you file suit to foreclose the lien, you must proceed before ninety (90) days has lapsed from the date that your claim of lien is officially made.

Materials Suppliers

Materials suppliers must give the project owner, original contractor, and construction lender a preliminary twenty (20) day notice within twenty (20) days of the first time labor and/or materials are provided to the project. If suppliers file notice after twenty (20) days, then that notice only covers work and/or materials provided during the twenty (20) days immediately before the notice and everything thereafter. However, suppliers must record lien claims within thirty (30) days of notice of completion/notice of cessation, or (if neither of those is filed), within ninety (90) days of the completion of the work of improvement. If a supplier intends to file suit to foreclose on a given lien, they have a period of ninety (90) days from the recording of the claim of lien date.

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