By Pavel Kolmogorov, California Business Litigation Attorney (State Bar No. 321018). Founder of Kolmogorov Law, P.C., recognized in Chambers and Partners 2026 Spotlight Guide for Litigation: General Commercial in Orange County. Last reviewed: May 2026.

If you provided labor, materials, or services for a construction project in California and have not been paid, the mechanic's lien is the single most powerful tool available to secure payment. A mechanic's lien attaches to the real property where the work was performed, creating a security interest that survives even if the property is sold. In practice, this means the property owner cannot sell or refinance the property with a clear title until the lien is satisfied or released.

This guide covers who qualifies to file a mechanic's lien in California, the strict procedural requirements and deadlines, how to enforce a lien through a foreclosure action, and how property owners can protect themselves from improper liens. For broader payment-recovery strategy, see our construction disputes overview and the California breach of contract FAQ.

Who Can File a Mechanic's Lien?

Under California Civil Code § 8400, the following persons have lien rights if they provided work authorized for a work of improvement:

• Direct contractors (also called general contractors or prime contractors) who have a direct contractual relationship with the property owner.
• Subcontractors who have a contract with the direct contractor or another subcontractor.
• Material suppliers who furnish materials used in the construction.
• Laborers who perform work on the project.
• Equipment lessors who provide equipment used in the construction.
• Design professionals (architects, engineers) whose plans are used for the work of improvement.

Contractor licensing requirement: Under Business and Professions Code § 7031, an unlicensed contractor cannot file a valid mechanic's lien, maintain a lawsuit for compensation, or retain compensation received for unlicensed work. This rule is strictly enforced. If your contractor's license lapsed at any point during the project, your lien rights may be at risk.

Step 1: Serve a Preliminary Notice

Who must serve it: Every subcontractor, material supplier, and other claimant other than a direct contractor or laborer must serve a preliminary notice on the property owner, the direct contractor, and the construction lender (if any) under Civil Code § 8200.

Deadline

The preliminary notice must be served within 20 days of first furnishing labor, materials, or services. Late service is not fatal—it limits the lien to work provided within 20 days before service and all work after service, but it does not eliminate lien rights entirely.

How to serve: Personal delivery, certified mail, or overnight delivery to each required party. The notice must contain specific information including the name and address of the claimant, the property description, the name of the person who hired the claimant, and the general description of the labor, materials, or services provided.

Step 2: Record the Mechanic's Lien

Deadline for direct contractors: Within 90 days after completion of the work of improvement (Civil Code § 8412).

Deadline for all others (subcontractors, suppliers, laborers): Within 30 days after the owner records a notice of completion or notice of cessation, or within 90 days after completion of the work of improvement if no such notice is recorded (Civil Code § 8414).

Content requirements: The lien claim must be in the form prescribed by Civil Code § 8416 and must include: a statement of the claimant's demand after deducting credits and offsets; the name of the owner (or reputed owner); a general statement of the kind of work performed; the name of the person who hired the claimant; a description of the property sufficient for identification; the claimant's contractor's license number (if applicable); and a proof of service affidavit.

Recording

The lien must be recorded with the county recorder's office in the county where the property is located. After recording, the claimant must serve a copy of the lien on the property owner within 10 days (Civil Code § 8416(c)).

Step 3: Enforce the Lien (Foreclose)

Deadline to foreclose: A mechanic's lien expires unless the claimant commences a foreclosure action within 90 days after recording the lien (Civil Code § 8460). This deadline is absolute. If you miss it, the lien is released by operation of law and cannot be revived.

A mechanic's lien foreclosure action is filed in California Superior Court and proceeds similarly to a mortgage foreclosure. The court may order the property sold to satisfy the lien, or the parties may reach a settlement. The claimant is entitled to recover the amount of the lien claim, costs of suit, and reasonable attorney's fees. For realistic expectations on litigation length, see our breach-of-contract lawsuit timeline.

Summary: Key Deadlines

• Preliminary notice (subcontractors and suppliers): within 20 days of first furnishing labor or materials.
• Lien recording (direct contractors): within 90 days of project completion.
• Lien recording (subcontractors, suppliers, laborers): within 30 days of recorded notice of completion / cessation, or 90 days from completion if no such notice is recorded.
• Lien enforcement (foreclosure): within 90 days of recording the lien.

Our California civil litigation deadlines quick guide ties these construction deadlines back into the general statute-of-limitations framework.

For Property Owners: How to Protect Yourself

• Record a notice of completion. Under § 8182, recording a notice of completion within 15 days of completion shortens the lien-recording deadline for subcontractors and suppliers from 90 days to 30 days, reducing your exposure window.
• Use joint checks. Issuing payments via joint checks payable to both the general contractor and subcontractors ensures subcontractors are actually paid, reducing the risk of subcontractor liens.
• Obtain conditional and unconditional lien releases. Before making each progress payment, require conditional lien waivers from all claimants. After payment clears, obtain unconditional waivers. Use the statutory forms in Civil Code §§ 8132–8138.
• Petition to release a wrongful lien. If a mechanic's lien is recorded improperly (expired, untimely, lacks merit), the property owner can petition the court for a release under Civil Code § 8480. The court may also award the owner attorney's fees if the lien claimant acted in bad faith.

Before recording a lien, a well-drafted demand letter often resolves the dispute. See our guide to California demand letters.

Frequently Asked Questions

Q: Can I file a mechanic's lien on a residential property?
A: Yes. Mechanic's liens apply to all real property in California, including residential properties. However, for owner-occupied residences (1–4 units), the homeowner has additional protections, including the right to receive a preliminary notice before any lien rights attach.

Q: What if I missed the deadline to file a mechanic's lien?
A: If the recording deadline has passed, a mechanic's lien is no longer available. However, you may still have other remedies: a breach of contract claim against the party who hired you, a stop-payment notice (if the property owner still owes the general contractor), a bond claim (if a payment bond was recorded), or a prompt-payment penalty claim under Business and Professions Code § 7108.5.

Q: Does filing a mechanic's lien guarantee I will get paid?
A: No. A mechanic's lien creates leverage—it clouds the title and prevents the owner from selling or refinancing without addressing your claim. But you must enforce the lien by filing a foreclosure action within 90 days. Many lien disputes settle during this enforcement window because the property owner has strong incentive to clear the title.

Q: Can I file a mechanic's lien if I don't have a contractor's license?
A: No. Under Business and Professions Code § 7031, an unlicensed contractor has no lien rights and cannot bring a lawsuit for compensation. This applies even if the work was performed competently. Material suppliers and laborers who do not need a contractor's license are not affected by this restriction.

About the author

Pavel Kolmogorov is the founder of Kolmogorov Law, P.C., a California business-litigation boutique in Irvine. He earned his LL.M. from the University of California, Berkeley School of Law and is licensed in California (SBN 321018), the District of Columbia, and the U.S. District Courts for the Northern, Southern, and Central Districts of California. He represents California businesses in breach of contract, fraud, UCL/B&P 17200, Penal Code 502, conversion, intentional and negligent interference, trade secrets, and partnership/shareholder disputes. Chambers and Partners 2026 recognized him in the Spotlight Guide for Litigation: General Commercial in Orange County.

This guide is general legal information, not legal advice for your specific situation. California law changes, and the facts of every dispute differ. To discuss how the principles in this article apply to your matter, contact our office at (909) 235-6116 or visit our contact page.

Need help? Contact Kolmogorov Law, P.C. at (909) 235-6116 or visit our contact page to schedule a consultation with our California business litigation team in Irvine, California.